TDS on dividend to non resident shareholders

Dear Members

Is indian company required to deduct tax on payment of dividend to its non resident shareholders based in France? Or it depends on the DTAA between India and the overseas country.

If the DTAA allows the dividend to be taxed in France can indian company pay dividend with no withholding tax? If there is WT, will it be 10.4%.

Please advise.

Regards

CA CS Dipjyoti Majumdar

Replies (2)
Quick Summary
Indian companies are generally required to deduct Tax Deducted at Source (TDS) when paying dividends to non-resident shareholders. The applicable TDS rate is determined by the more beneficial of the Indian Income Tax Act (typically 20%) or the Double Taxation Avoidance Agreement (DTAA) between India and the shareholder's country of residence. For French shareholders, the India-France DTAA usually caps the withholding tax rate at around 10.4% (including surcharges and cess), provided the shareholder submits a valid Tax Residency Certificate (TRC), Form 10F, and a declaration of beneficial ownership. Without these documents, the higher domestic rate may apply. It's also important to note that General Anti-Avoidance Rules (GAAR) can override DTAA benefits if an arrangement is deemed tax-motivated.

  • TDS Obligation: Yes, the Indian company must deduct TDS; it cannot pay with zero withholding tax. The rate is governed by the more beneficial of the Income Tax Act (20%) or the India-France DTAO (treaty cap, typically 10%).

  • Rate Application: The tax rate will be the treaty-capped rate (yielding around 10.4% inclusive of applicable surcharges/cess), provided the French shareholder submits a valid Tax Residency Certificate (TRC), Form 10F, and a declaration of beneficial ownership/no PE in India.

TDS on dividend to NR shareholders depends on two things: the applicable rate and whether DTAA reduces it.

Default TDS rate under Income Tax Act:
- 20% on gross dividend (Section 195 / Section 393 in Income Tax Act 2025) plus applicable surcharge and cess
- For FPIs: 10% under Section 196D

DTAA can reduce this. Most Indian treaties cap dividend withholding at 10-15%:
- USA: 15% (or 25% in some cases)
- UK: 10-15%
- Singapore: 10%
- Netherlands: 10%

To apply DTAA rate, you need: (a) a valid Tax Residency Certificate from the NR, (b) Form 10F filed with the income tax department, (c) self-declaration confirming no permanent establishment in India.

Important: Beneficial ownership must be with the NR (not a conduit). Post-2017 GAAR provisions override DTAA if the arrangement is tax-motivated. This [TDS on dividend and Section 195 guide](https://taxgarden.in/blog/tds-calculation-tool-formula-complete-guide-with-rates-examples-2026) has the full rate table with treaty comparisons.

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