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Spain to India · Tax treaty

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

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

In brief

Under the India–Spain tax treaty (In force since 12 January 1995, amended 2012), India's tax on payments to a Spanish resident is capped at 15% on dividends, 15% on interest and 10% on royalties. Technical fees: 10%.

What is specific to Spanish companies

The India–Spain treaty sets 15% on dividends and interest. Royalties and technical fees are taxed at 10% through the most-favoured-nation clause, which should be cited when the lower rate is claimed.

Treaty rates

IncomeIndian tax under the treaty
Dividends15%
Interest15%
Royalties10%
Technical service feesTechnical fees: 10%.
Gains on Indian sharesIndia can tax under its domestic law.

Permanent establishment

Building, construction or assembly projects over six months 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 Spanish rules change often; confirm the current position before acting. Spanish law points should be confirmed with a Spanish adviser.

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