India–Canada DTAA rates for NRIs

The India–Canada tax treaty (1996) caps the tax India can deduct on several kinds of income paid to residents of Canada. Here are the rates and how to claim them.

Rates checked on against the treaty text.

Income from IndiaTreaty rateIndia's normal rate for non-residents
Interest (for example NRO deposits)15% (no reduced bank rate; interest on certain Export Development Corporation / Exim Bank loans and government interest exempt)30% plus surcharge and cess
Dividends from Indian companies15% if the beneficial owner is a company controlling at least 10% of voting power; 25% in other cases20% plus surcharge and cess
Royalties and fees for technical services15% (10% for equipment-rental royalties and ancillary included services)As per the Act
Gains on property in IndiaTaxable in India (Art 13(2): may be taxed in both countries)Taxed in India

Covers 'fees for included services' with a make-available test. The 25% treaty rate for a portfolio shareholder is higher than India's 20% domestic rate, so the domestic rate applies.

How to claim the treaty rate

Give the payer, usually your bank or the company paying dividends, these documents before the payment:

  • Tax Residency Certificate issued by the tax authority of the country of residence, valid for the relevant Indian tax year. It is uploaded with Form 41, along with the foreign Tax Identification Number (TIN).
  • The self-declaration on Form 41 (formerly Form 10F), filed online with your PAN.

If tax was already deducted at the higher domestic rate, you can claim the difference back by filing an Indian income tax return. The tax paid in India can usually be set off against tax on the same income in Canada, under that country's foreign tax credit rules.

Use the DTAA rate finder to compare countries, or read how NRIs claim treaty benefits.

Sources

Treaty articles have conditions and exceptions, such as beneficial ownership and limitation-of-benefit rules. This page is general information, not tax advice.