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Poland NRIs · NRO TDS Recovery

NRO account TDS recovery for NRIs in Poland

Your Indian bank deducts tax on NRO interest at the full non-resident rate. The India-Poland treaty lets you bring it down and reclaim the excess.

If you live in Poland and hold an NRO fixed deposit or savings account in India, your bank deducts tax at source on the interest at 30%, the default non-resident rate under Section 393(2) (Section 195 until 31 March 2026). The India-Poland tax treaty caps that interest withholding at 10% (Article 12), so for most Poland NRIs the gap between the two is over-withheld tax you're entitled to recover. To claim the lower rate you file Form 41, which replaced Form 10F on 1 April 2026, backed by a Tax Residency Certificate from your country of residence. Anything already over-deducted comes back as a refund when you file your Indian return.
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India-Poland key facts: nro tds recovery

Default non-resident TDS rate30%
India-Poland DTAA treaty rate10%
Your saving via the treaty20%
Treaty article / basisArticle 12: 10% treaty cap after the 2013 protocol (was 15%)
Your TRC issuing authoritythe Urzad Skarbowy (local tax office, National Revenue Administration)

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

How it works on the India side

Indian banks deduct TDS on NRO interest at the 30% non-resident rate plus surcharge and cess, under Section 393(2) (Section 195 until 31 March 2026). Where India has a treaty with your country that caps interest lower, Form 41 (formerly Form 10F) and a Tax Residency Certificate lodged with the bank get you that capped rate on future interest. Where there is no treaty, there is nothing to claim down to, so the same paperwork changes nothing and the 30% stands.

A lower-deduction certificate is the one piece of paperwork that works at the bank either way. You apply on Form 128 under Section 395 (the old Form 13 under Section 197) through the TRACES portal, and it is open to non-residents on interest. Where your estimated Indian tax for the year is below what the bank is deducting, the Assessing Officer can certify a lower or nil rate, which the bank then applies to future interest.

The refund route is the same either way, and it's your Indian return. The bank's TDS shows against your PAN in Form 26AS and the AIS, you work out what you actually owe (the treaty rate where one applies, otherwise your slab rate, because NRO interest is ordinary slab income), and the excess comes back with interest under Section 244A. Years you never filed can often still be reached: CBDT Circular 11/2024 lets you apply for condonation under Section 119(2)(b) of the 1961 Act, the law that governs the years you're reclaiming, up to five years from the end of that assessment year, though a refund allowed that way carries no Section 244A interest.

What changes because you live in Poland

Poland doesn't tax this as one pot. Each kind of Indian income drops into its own Polish box at its own flat rate, and the credit for the Indian tax only cancels the Polish tax sitting in that same box. Rent shows it worst: since 2023 private letting has to be a lump sum on gross rent, 8.5% up to 100,000 zloty and 12.5% above, filed on PIT-28 by 30 April, with nothing deductible for repairs, loan interest or depreciation. Interest, dividends and share gains each sit at 19% in a separate box. A flat sale is 19% too, but only if you sell within five years of the end of the year it was bought, and for an inherited flat that clock runs from the deceased's purchase. So the Polish figure your Indian tax is measured against is small, and anything above it stops dead. The ulga abolicyjna won't save you: since 2021 it's worth 1,360 zloty at most, and it never reached rent or investment income.

Frequently asked questions

Common questions from Poland NRIs

By default your bank deducts 30% under Section 393(2), the non-resident rate. With a valid Form 41 and a Tax Residency Certificate from the Urzad Skarbowy (local tax office, National Revenue Administration), the India-Poland treaty brings that down to 10% on the interest. Anything deducted above the treaty rate before your paperwork was on file can be reclaimed through your Indian return.

Yes. The over-withheld amount is reclaimed by filing your Indian income tax return: the bank's TDS shows against your PAN in Form 26AS, you compute the tax actually due at the 10% treaty rate, and the excess is refunded with Section 244A interest.

Two documents: a Tax Residency Certificate issued by the Urzad Skarbowy (local tax office, National Revenue Administration), and Form 41, the successor to Form 10F, filed on the Indian e-filing portal. Together they tell your bank to apply the India-Poland treaty rate of 10% instead of the 30% default. The TRC has to be renewed for each period it covers, otherwise the bank reverts to the full rate.

Go further

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

DTAA TDS recovery servicePoland NRI tax guide: every income type and the rates that apply

NRO TDS Recovery sorted, by an Indian CA who works with Poland NRIs

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