Chartered Accountants◆Practising since 2016

UAE to India · Tax treaty

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

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

In brief

Under the India–UAE tax treaty (1992, amended 2007), India's tax on payments to a UAE resident is capped at 10% on dividends, 5% (banks), 12.5% otherwise on interest and 10% on royalties. There is no separate technical fees article, so such fees are usually tested as business profits.

What is specific to UAE companies

The India–UAE treaty caps dividends at 10%, interest at 5% for banks and 12.5% otherwise, and royalties at 10%. It has no technical fees article, so such fees are tested as business profits.

Treaty rates

IncomeIndian tax under the treaty
Dividends10%
Interest5% (banks), 12.5% otherwise
Royalties10%
Technical service feesThere is no separate technical fees article, so such fees are usually tested as business profits.
Gains on Indian sharesCommonly read as taxable only in the seller's state of residence, subject to anti-abuse rules.

Permanent establishment

Fixed place, building site and service rules; confirm the day thresholds in the text.

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 UAE rules change often; confirm the current position before acting. UAE law points should be confirmed with a UAE adviser.

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