Kenya NRIs · Dividend Tax

Dividend tax on Indian shares for NRIs in Kenya

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

When an Indian company pays you a dividend while you live in Kenya, 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-Kenya 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-Kenya key facts: dividend tax

Default non-resident TDS rate	20%
India-Kenya DTAA treaty rate	10%
Your saving via the treaty	10%
Treaty article / basis	Article 10
Your TRC issuing authority	the Kenya Revenue Authority (KRA)

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

Kenya charges tax on income that accrued in or was derived from Kenya, so your Indian interest, dividends, share gains, property gains and rent sit outside the Kenyan net while you hold them personally, and there is no Kenyan tax for the Section 42 treaty credit to erase. Section 4(a) of Cap 470 changes that. If a resident person carries on a business partly inside and partly outside Kenya, the whole of the gains from that business is deemed to have accrued in Kenya. Park the Jamnagar flat or the Indian portfolio inside the Nairobi family business and that income turns fully Kenyan, and since Kenya runs on the calendar year and India on 1 April to 31 March, you then split every Indian year across two Kenyan ones. From 1 January 2027 you get two months less, because the Finance Act 2026 moves the individual filing date from the sixth month end to the fourth, so 30 June becomes 30 April.

Frequently asked questions

Common questions from Kenyan Indians

India's default is 20% under Section 393(2), but the India-Kenya 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 the Kenya Revenue Authority (KRA). 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

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