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Special Income

Franchise and royalty income from India as an NRI

Brand and know-how fees are taxed on the gross at 20%. A treaty can lower it, but there is now a filing condition.

You are an NRI who licenses a brand, franchise or know-how to an Indian business and receives fees or royalties from India, and you want to know how it is taxed. This income has its own regime, taxed on the gross rather than the profit, at a rate that went up recently, and there is a new catch: the treaty relief you may be counting on now depends on your filing an Indian return. Here is how franchise and royalty income from India is taxed for an NRI.
Last reviewed: 26 July 20266 min readReviewed by Preetesh Maloo, CA

The short answer

A franchise fee, brand royalty or know-how fee paid by an Indian business to a non-resident is treated as royalty or fees for technical services, Indian-source income taxed on the gross, not on your profit. The rate under Section 115A was doubled from 10 to 20 per cent, plus surcharge and cess, by the Finance Act 2023 from the 2024-25 assessment year. A tax treaty usually caps royalty and technical-fee rates lower, often at 10 to 15 per cent, and you can claim that lower rate, but there is a new condition: the Finance Act 2023 removed the old exemption from filing, so to claim the treaty rate you must now file an Indian return and hold a tax residency certificate, Form 41, a no-permanent-establishment declaration and a PAN. The Indian franchisee withholds TDS under Section 195. If you have a permanent establishment here, the income is instead taxed on a net basis as business profits.

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Gross tax at 20%, and the rate rise

Franchise and royalty income has its own regime, and the key feature is that it is taxed on the gross. When an Indian business pays a non-resident a franchise fee, a brand royalty or a fee for know-how or technical support, that payment is Indian-source income, characterised as royalty under Section 9(1)(vi) or as fees for technical services, and taxed under Section 115A on the whole amount, without deduction for your costs.

The rate matters, because it recently went up. The Finance Act 2023 doubled the Section 115A rate on royalty and technical fees paid to non-residents from 10 per cent to 20 per cent, plus surcharge and cess, with effect from the 2024-25 assessment year. So a franchise or royalty stream from India that used to bear 10 per cent now bears 20 per cent under the domestic rate. For many NRIs that makes the treaty rate, discussed next, far more important than it used to be.

The treaty rate, its new filing condition, and bundling

Most tax treaties cap the rate on royalties and technical fees below the domestic 20 per cent, often at 10 or 15 per cent, and you are entitled to the lower of the treaty rate and the domestic rate. But the Finance Act 2023 added a catch. It removed the earlier concession that let a non-resident skip filing an Indian return where tax had been withheld, so to claim the treaty rate you now have to file an Indian return and support it with a tax residency certificate, Form 41, formerly Form 10F, a declaration that you have no permanent establishment in India, and a PAN. Miss the filing and you can be left on the 20 per cent domestic rate. The Indian franchisee deducts TDS under Section 195, renumbered to Section 393(2) under the Income-tax Act, 2025 from FY 2026-27.

One more thing to get right is bundling. A franchise agreement often rolls several things into one fee, the brand and intellectual property, which is royalty, training and technical support, which is fees for technical services, and plain reimbursements of cost, which may not be taxable at all. Splitting the fee into its parts can change the rate on each slice and reduce the overall tax. And if you actually have a permanent establishment in India, the picture flips: the income is then taxed on a net basis as business profits under the business-profits rules, not on the gross under Section 115A. A practising CA characterises the fee, secures the treaty rate with the right paperwork and filing, and keeps the withholding correct.

What's involved

What the CA actually does

  1. 1

    We characterise the fee

    We split your franchise fee into royalty, technical fees and reimbursements, because each can be taxed differently.

  2. 2

    We secure the treaty rate

    We file the Indian return with your TRC, Form 41, no-PE declaration and PAN so you get the lower treaty rate, not the 20 per cent domestic rate.

  3. 3

    We fix the TDS

    We get the franchisee's withholding onto Section 195 at the correct rate, so you are not over-deducted.

  4. 4

    We check for a PE

    We test whether you have a permanent establishment, which would switch you to net business-profit taxation.

What to have ready

Documents you'll typically need

  • The franchise or licence agreement and the fee breakdown
  • The TDS deducted and the section used
  • Your tax residency certificate and PAN
  • Details of any presence or people you have in India

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.

References on this page

  • A franchise fee, brand royalty or know-how fee from India is royalty or fees for technical services, taxed on the gross under Section 115A
  • The Section 115A rate was doubled from 10% to 20% (plus surcharge and cess) by the Finance Act 2023, from AY 2024-25
  • A treaty usually caps the rate lower (often 10-15%), but claiming it now requires filing an Indian return with a TRC, Form 41, no-PE declaration and PAN
  • The Indian franchisee withholds TDS under Section 195; with a permanent establishment, the income is taxed net as business profits

Frequently asked questions

Common questions

As royalty or fees for technical services, on the gross under Section 115A, at 20 per cent plus surcharge and cess since the Finance Act 2023. It is taxed on the whole fee, not on your profit, and the Indian payer withholds under Section 195.

Usually yes, to around 10 to 15 per cent, but there is a new condition. Since the Finance Act 2023 you must file an Indian return and hold a tax residency certificate, Form 41, a no-permanent-establishment declaration and a PAN to claim the treaty rate. Miss the filing and you can be stuck on 20 per cent.

Not necessarily. The brand and IP part is royalty, the training and support part is fees for technical services, and pure reimbursements may not be taxable at all. Splitting the fee into its parts can lower the overall tax.

Then you likely have a permanent establishment, and the income is taxed on a net basis as business profits rather than on the gross under Section 115A. That can be better or worse depending on your costs, and needs to be worked out.

The exceptions that change the answer

Where the general rule stops applying to you

Every rule below has a carve-out, a cut-off date or a condition that flips the answer. These are the ones that decide real cases.

Tax on royalty and fees for technical services paid to non-residents

Right now: 20% plus surcharge and cess

Where it works differently

A treaty applies and is more beneficial
The treaty rate governs, commonly 10-15%. The doubling of the domestic rate made treaty claims worth far more.
s.90(2). Requires TRC and Form 10F (Form 41 from 1 Apr 2026).
The India-US or India-UK treaty applies to FTS
The make-available test can remove the income from Indian tax entirely, not merely reduce the rate.
Article 12 of both treaties.
Claiming the treaty rate
A foreign company must file an Indian return to take the DTAA rate over s.115A.
Condition attached to the FA 2023 amendment.

Commonly got wrong

  • Royalty and FTS to non-residents are taxed at 10%. Doubled to 20% from 1 April 2023.20% plus surcharge and cess under domestic law from 1 April 2023, or the treaty rate (often 10-15%) if you hold a TRC and file the return.

Earning franchise or royalty fees from India?

Tell us what the fee covers. A practising CA will secure the treaty rate and fix the TDS on a free call, no obligation.

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