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HK Doesn't Tax Your Indian Income. The Treaty Says Pay Less.

Hong Kong's territorial tax system ignores your Indian income. India's DTAA with HK caps dividends at 5% and interest at 10%. Most HK Indians claim neither. Big mistake.

TrustNRI Team 2026-04-05 8 min read

Territorial tax: HK's gift to you, and why India's 30% makes no sense

Hong Kong operates on a territorial tax system. The principle is simple: only income sourced IN Hong Kong is taxed. Your Indian FD interest, dividends, mutual fund gains, rental income — all sourced in India, not Hong Kong. HK doesn't care. Not taxed. Not reported. Not relevant.


This is fundamentally different from the US, UK, or Germany, where residents pay tax on worldwide income. In Hong Kong, your Indian income is genuinely invisible to the IRD (Inland Revenue Department).


But India still sees you as an NRI and deducts 30% TDS on FD interest and 20% on dividends by default. Since HK doesn't tax this income, there's no Foreign Tax Credit to offset the Indian TDS on the other side. What India takes is simply gone.


The India-Hong Kong DTAA (signed 2018) exists specifically to fix this imbalance. Dividends: 5% instead of 20%. Interest: 10% instead of 30%. These aren't theoretical numbers. They're your money being returned to you.

5% dividends: among the best DTAA rates India offers

Let's talk about dividends specifically, because that's where Hong Kong NRIs have the biggest edge.


India's default TDS on dividends for NRIs is 20%. The India-HK DTAA brings it down to 5%. That's a 75% reduction. Only Saudi Arabia matches this rate among India's major DTAA partners.


If you hold Indian stocks directly — Infosys, TCS, HDFC Bank, Reliance — and receive ₹2,00,000 in annual dividends:

Default TDS: ₹40,000

DTAA 5%: ₹10,000

Annual saving: ₹30,000


For interest income, the 10% rate saves you 20% on every rupee of FD interest. A ₹20 lakh NRO FD at 7%:

Default TDS: ₹42,000

DTAA 10%: ₹14,000

Annual saving: ₹28,000


Combined dividend + interest saving: ₹58,000 per year. Over 5 years with Section 244A interest on past refunds: approximately ₹3.5 lakh.


The Indian community in Hong Kong numbers around 35,000-40,000. Mostly in finance, trading, and professional services. High-income earners with substantial Indian portfolios. The unclaimed DTAA money in this community is enormous.

The 2018 DTAA: new treaty, old ignorance

The India-Hong Kong DTAA was signed in March 2018 and came into force in 2019. It's one of the newest DTAAs India has signed. And that newness is a problem.


Older treaties — India-US (1989), India-UK (1993), India-Singapore (2005) — have had decades for awareness to build, for CAs to learn them, for NRIs to hear about them. The India-HK treaty has barely been around 7 years.


Many Indian banks and AMCs are still unaware it exists. We've seen cases where NRIs submit their HK TRC and Form 10F to their bank's NRI desk, only to be told “India doesn't have a DTAA with Hong Kong.” Wrong. It's been in force since 2019.


Even CAs sometimes miss it. If you search “India DTAA countries” on most tax advisory websites, Hong Kong is frequently omitted from the list. It's treated as an afterthought despite having genuinely excellent rates.


Knowledge gap = opportunity. If you're among the first Hong Kong NRIs to claim DTAA systematically, you're recovering money that your peers don't even know they're losing.

IRD Form IR1313: your TRC process in Hong Kong

Hong Kong's Inland Revenue Department issues TRCs through Form IR1313 (Application for Certificate of Resident Status). Despite HK's territorial system, the IRD will certify your resident status for DTAA purposes.


Process:

1. Download Form IR1313 from the IRD website (ird.gov.hk)

2. Fill in your personal details, the relevant DTAA (India), and the income types you're claiming for

3. Submit to the IRD by post or in person at Revenue Tower, Wan Chai

4. Processing: 3-4 weeks

5. Cost: Free


Eligibility: you must be a Hong Kong tax resident. This generally means you ordinarily reside in HK or have been in HK for 180+ days in the relevant year. Having a valid HK ID card and filing Hong Kong salaries tax returns strengthens your case.


One nuance: the IRD issues the TRC for specific income types. Make sure your application covers interest, dividends, and capital gains — don't limit it to just one category.


With your TRC in hand, file Form 10F on India's portal, submit both to your Indian bank and AMC, file ITR with treaty rates, and for past years, file condonation under Section 119(2)(b). The process is identical to any other country. The rates just happen to be among the best India offers.

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