Chartered Accountants◆Practising since 2016

Hong Kong to India · Tax treaty

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

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

In brief

Under the India–Hong Kong tax treaty (Effective in India from 1 April 2019), India's tax on payments to a Hong Kong resident is capped at 5% on dividends, 10% on interest and 10% on royalties. Technical fees: 10%.

What is specific to Hong Kong companies

The India–Hong Kong treaty, effective in India from 1 April 2019, sets 5% on dividends and 10% on interest, royalties and technical fees, with a principal purpose test.

Treaty rates

IncomeIndian tax under the treaty
Dividends5%
Interest10%
Royalties10%
Technical service feesTechnical fees: 10%.
Gains on Indian sharesIndia can tax under its domestic law.

Permanent establishment

Services through employees for more than 183 days 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 Hong Kong rules change often; confirm the current position before acting. Hong Kong law points should be confirmed with a Hong Kong adviser.

Queries

Send the firm a query

Tell us briefly what you need. A member of the team will get back to you.

We use your details only to respond to your query. See our privacy policy.

Call