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Italy NRIs · Dividend Tax

Dividend tax on Indian shares for NRIs in Italy

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

When an Indian company pays you a dividend while you live in Italy, 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-Italy treaty position is nuanced: its lower dividend rate is reserved for substantial corporate shareholdings, so individual investors get no reduction and simply pay the 20% domestic rate (Article 11). The lever that does help is the foreign tax credit on your home-country return.

India-Italy key facts: dividend tax

Default non-resident TDS rate20%
What the treaty changes hereIt sets no lower rate on this income. What a treaty decides here is which country gets to tax it.
Treaty article / basisArticle 11: the treaty rate is 25% for an individual (15% only for a company holding at least 10%), worse than India's 20% domestic rate, so the 20% domestic rate applies and the treaty gives portfolio investors no reduction
Your TRC issuing authoritythe Agenzia delle Entrate (Italian Revenue Agency)

Rates reflect India's domestic withholding under Section 393(2) (Section 195 until 31 March 2026) and the India-Italy 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 Italy

Italian residents are taxed on worldwide income, so this Indian income also goes on your Redditi PF return, with the credito d'imposta estero crediting the Indian tax already paid. On top of income tax, Italy runs two wealth taxes on foreign assets: IVIE on your Indian property and IVAFE on your Indian bank and investment accounts, both charged on the year-end balances. The dividend trap is real too: the 15% treaty rate is reserved for a company holding at least 10%, so as an individual you pay India's 20% domestic rate and recover it as a credit.

Frequently asked questions

Common questions from Italian NRIs

India withholds 20% under Section 393(2). For Italian NRIs, the India-Italy treaty's lower dividend rate is written for companies holding a large stake in the Indian payer, so individual investors get no reduction and pay the 20% domestic rate. The real relief is the foreign tax credit you claim on your Italy return for that Indian tax.

Not through the India-Italy treaty if you're an individual investor, because its lower rate applies only to substantial corporate holdings, so you stay at the 20% domestic rate. What does help is the foreign tax credit: when you report the dividend on your Italy return, you claim credit for the Indian tax already deducted, so you aren't taxed twice on the same income.

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

Tell us your situation and a practising Chartered Accountant will confirm the rate that applies, the paperwork you need, and what you can reclaim, on a free call with no obligation.

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