Austria NRIs · Dividend Tax

Dividend tax on Indian shares for NRIs in Austria

Dividends from Indian companies are withheld at the non-resident rate before they reach you in Austria. Here's the treaty position and how to reclaim any excess.

When an Indian company pays you a dividend while you live in Austria, the company withholds tax at source before the money reaches you. India's default withholding on non-resident dividends is 20% under Section 393(2), the successor to Section 195. The India-Austria treaty position is more favourable, capping the rate at 10% for individual residents, a real saving over the 20% default (Article 10). To claim it you need Form 41, the successor to Form 10F, and a Tax Residency Certificate on file with the company or your broker.

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India-Austria key facts: dividend tax

Default non-resident TDS rate	20%
India-Austria DTAA treaty rate	10%
Your saving via the treaty	10%
Treaty article / basis	Article 10: flat 10% treaty cap on Indian-source dividends
Your TRC issuing authority	Wohnsitzfinanzamt (local tax office, under the Federal Ministry of Finance)

Rates reflect India's domestic withholding under Section 393(2) (Section 195 until 31 March 2026) and the India-Austria treaty. Surcharge and cess apply on top where relevant.

How it works on the India side

Since the 2020 shift back to classical dividend taxation, dividends from Indian companies are taxable in the shareholder's hands and the company deducts TDS before paying. For a non-resident the default is 20% under Section 393(2) (Section 195 until 31 March 2026), plus surcharge and cess, and Section 115A taxes those dividends at 20% of the gross amount with no expenses allowed. A lower rate only ever comes from a treaty, and only where that treaty writes one for individuals: several of India's treaties reserve the reduced dividend rate for companies holding a large stake in the Indian payer, and some countries have no treaty with India at all, so portfolio investors there stay at the domestic rate.

Where a lower individual rate does apply, you claim it with Form 41 (formerly Form 10F) and a Tax Residency Certificate lodged with the company or broker, and any dividend withheld at the higher rate before your paperwork was on file is reclaimed through your Indian return. Where no lower rate applies, the 20% is generally your final Indian tax, so the questions worth asking are whether the payer withheld more than the correct rate and surcharge, and whether the country you live in gives you a credit for that Indian tax.

What changes because you live in Austria

Austria can tax your Indian mutual fund units in a year you sell nothing and take nothing out. A fund only escapes that by reporting Austrian tax figures to the OeKB, and that reporting has to come from an Austrian Wirtschaftstreuhänder the fund appoints as its tax representative, which Indian AMCs don't bother with. Your scheme is then a Nichtmeldefonds, so section 186(2)(3) of the InvFG 2011 deems income to you every 31 December: 90% of the year's rise in the redemption price, or 10% of the 31 December price, whichever is higher. At the 27.5% special rate that floor alone costs 2.75% of the holding every year, and it bites in a flat year and in a losing one. Nothing gets withheld for you here, so you declare it yourself. What you're taxed on lifts your acquisition cost, so you only recover it against a later sale, and a Selbstnachweis of your actual income is the way out.

Frequently asked questions

Common questions from Austrian NRIs

India's default is 20% under Section 393(2), but the India-Austria treaty caps it at 10% for individual residents, a saving of 10%. To get the lower rate you file Form 41 with a Tax Residency Certificate from Wohnsitzfinanzamt (local tax office, under the Federal Ministry of Finance). Any excess withheld beforehand is reclaimed on your Indian return.

Yes. With Form 41 and a Tax Residency Certificate on file, the treaty rate of 10% applies instead of the 20% default, a 10% reduction. Dividends withheld at the higher rate before your paperwork was lodged are reclaimed when you file your Indian return.

Go further

Read the full guide, or see your country's complete picture

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Dividend Tax sorted, by an Indian CA who works with Austrian NRIs

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