Chartered Accountants◆Practising since 2016

Australia to India · Tax treaty

The India–Australia tax treaty: rates, permanent establishment and gains

CA Utsav Dogra, Chartered Accountant, ICAI M. No. 542375 · Updated

In brief

Under the India–Australia tax treaty (1991, amended 2011), India's tax on payments to a Australian resident is capped at 15% on dividends, 15% on interest and 15% (10% for equipment) on royalties. Technical fees are treated with royalties at 15% where they fall within the definition.

What is specific to Australian companies

The India–Australia treaty sets 15% on dividends, interest and royalties (10% for equipment royalties), and treats many technical fees as royalties. Services for more than 183 days in 12 months create a PE.

Treaty rates

IncomeIndian tax under the treaty
Dividends15%
Interest15%
Royalties15% (10% for equipment)
Technical service feesTechnical fees are treated with royalties at 15% where they fall within the definition.
Gains on Indian sharesIndia can tax under its domestic law.

Permanent establishment

Services for more than 183 days in a 12-month period create a permanent establishment.

Our services

How SU and Company helps

We plan and document how money moves back to the parent, at the right treaty rate.

  • Dividend, royalty, fee and interest planning
  • Treaty withholding and remittance paperwork
  • Board and FEMA steps for dividends and buybacks
  • Indian figures and certificates for the parent's tax relief

Questions

Does the treaty always beat Indian domestic rates?

The lower of the treaty and domestic rate applies, provided the recipient is the beneficial owner and holds a valid residency certificate.

General information as at 5 November 2026, not advice for a particular case. Indian and Australian rules change often; confirm the current position before acting. Australian law points should be confirmed with a Australian adviser.

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