Skip to content
Got a notice? Emergency response →

Investments

Getting the treaty rate on your Indian dividends instead of a flat 20%

The registrar cut 20% plus surcharge on my Indian dividend even though my country's treaty says less. How do I fix this?

You hold shares in an Indian company, a dividend is paid, and the tax withheld is 20% plus surcharge and cess, well above the 10% or 15% your country's treaty allows. It happened because the paperwork that unlocks the treaty rate has to reach the company's registrar before the record date, and it did not. You want to know how to get the lower rate next time and how to recover the excess now.
Last reviewed: 30 July 20266 min readReviewed by Preetesh Maloo, CA

The short answer

Dividends from an Indian company to a non-resident are taxed at 20% plus surcharge and cess under Section 195. Your tax treaty usually caps this at 10% or 15%, but you only get the lower rate at source if you give the company or its registrar a Tax Residency Certificate, Form 10F, and a beneficial-ownership declaration before the record date. Miss that window and 20% is deducted. You then reclaim the excess over the treaty rate by filing an Indian return with the same documents. The registrars are firms like KFintech and MUFG Intime, and each company sets its own cut-off, so the paperwork has to be in early.

References on this page

  • Section 195 (Section 393 from FY 2026-27)
  • Section 90 and 90A (Section 159 from FY 2026-27)
  • Form 10F (Form 41 from FY 2026-27)
  • Tax Residency Certificate

Why 20% was deducted

When an Indian company pays a dividend to a non-resident, it withholds tax under Section 195 at 20%, plus surcharge and cess. That is the default rate the company must apply unless you have given it a reason to apply a lower one.

Your country's tax treaty with India almost always caps the dividend rate below 20%, commonly at 10% or 15% depending on the country and how much of the company you hold. But the company cannot simply assume your treaty applies. It needs proof, and it needs it in time, or it deducts the full 20% to be safe.

The paperwork, and the record-date deadline

To get the treaty rate deducted at source, you give the company or its registrar three things: a Tax Residency Certificate from your country, Form 10F, which becomes Form 41 from FY 2026-27, and a short declaration that you are the beneficial owner of the shares and have no permanent establishment in India.

The catch is timing. Each company fixes a record date for a dividend, and the documents have to reach its registrar on or before that date. The registrars are firms like KFintech and MUFG Intime, formerly Link Intime, and they process the withholding for many companies. Submit late, or to the wrong place, and the system deducts 20%. When the treaty rate is applied, the surcharge and cess are not added on top, so the saving is real.

How to reclaim it if you missed the date

If 20% was already taken, the treaty rate is not lost, it just moves to your return. You file an Indian income-tax return, ITR-2, for that year, report the dividend, apply your treaty rate with the Tax Residency Certificate and Form 10F, and claim the difference between the 20% deducted and the treaty rate as a refund.

This is the same relief, only after the fact, and it comes with interest on the refund. The reason to get the paperwork in before the record date anyway is cash flow: the treaty rate at source means you keep the money now, rather than waiting a year to reclaim it.

A worked example

Priya, an NRI in the UK, holds shares in an Indian company that declares a dividend of five lakh rupees. The registrar deducts 20% plus surcharge and cess, over a lakh, because her Tax Residency Certificate and Form 10F did not reach it before the record date.

Her India-UK treaty caps the dividend at 15%. For the next dividend she sends the registrar her Tax Residency Certificate, Form 10F and the beneficial-ownership declaration well before the record date, so only 15% is deducted. For the dividend already over-taxed, she files her Indian return, applies the 15% treaty rate, and reclaims the difference with interest.

Want a senior CA to handle this for you — start to finish?

We act for you before the tax office (Section 288) — you stay abroad, no India trip needed.

Senior CA who specialises in NRI tax · we deal with the tax officer, you don't

What's involved

What the CA actually does

  1. 1

    Get the treaty rate at source

    We prepare your Form 10F (Form 41 from FY 2026-27) and set up your Tax Residency Certificate and beneficial-ownership declaration, and get them to the registrar before the record date.

  2. 2

    Track the record dates

    We watch the dividend record dates on your holdings so the paperwork is always in on time and you keep the money up front.

  3. 3

    Reclaim past over-deductions

    For dividends already cut at 20%, we file your return at the treaty rate and recover the excess with interest.

  4. 4

    Handle multiple companies and registrars

    We deal with KFintech, MUFG Intime and the others across all your holdings, so the treaty rate applies everywhere it should.

What to have ready

Documents you'll typically need

  • Tax Residency Certificate from your country
  • Your demat and dividend statements
  • PAN and passport
  • Details of your shareholding in each company

Your destination country can change the details

Requirements differ from one consulate, university and visa route to the next — how recent the figures must be, how long funds must have been held, and which certificates are mandatory. We assemble the documents around the exact checklist you're applying under. To see how India's tax treaty with your country of residence affects related filings, set your country below or compare all 46 countries.

Frequently asked questions

Common questions

Registrar cut 20% on your Indian dividend?

Send us your holdings and country. A practising CA will get the treaty rate at source and reclaim what was over-deducted. Free call, no obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.