How this is worked out
Every rate in the grid above comes from the facts register: the same treaty-rate keys the eight country DTAA guides and the TDS on NRO interest guide read, so the number here and the number in a guide can never disagree. Switching the country redraws the grid instantly, in the browser, using the exact function that built the page — no separate script to keep in sync.
Which country gets to tax first
Every treaty India has signed splits income into a handful of categories, and puts each one in a different bucket:
- Rent and gains on Indian property are taxed by India first and in full. No treaty here caps this: the immovable-property and capital-gains articles all give the source country an unrestricted right. 2025 Act s. 159was s. 90
- Interest and dividends from India may be taxed by both countries, but India’s share is capped at the treaty rate — the number the grid shows. The payer’s TDS without treaty papers is usually higher than this cap, which is exactly why it’s worth having them.
- NRE interest isn’t taxed in India at all, under Indian law rather than the treaty, so there’s nothing for a treaty to cap.
- Salary is taxed where the work is physically done, and pensions follow the treaty’s own pension article, which differs enough between countries that the grid states each one in words rather than a single rate.
Why the rate isn’t automatic
2025 Act s. 159was s. 90 gives treaties the force of law, but a bank or company still has to be satisfied it’s paying a real resident of the treaty country before it applies a lower rate. Give the payer your tax residency certificate and Form 41, and it can deduct at the treaty rate from the start. Without them, most payers default to India’s own rate plus cess, and the gap comes back only when you claim it in your return, which also needs the certificate and the form for that year.
The grid also runs each treaty rate against India’s own rate plus 4% cess, and shows whichever is lower. On dividends, two treaties here (the US and Canada) cap higher than the Act already does for an individual, so the Act’s rate applies in practice and the treaty adds nothing — the grid says so directly rather than showing a rate you’d never actually get.
Assumptions
- You’re a non-resident individual for Indian tax purposes, resident in exactly one of the eight countries for the whole period the income relates to, with the certificate to prove it.
- The rates shown are each treaty’s general rate for an individual investor: a bank lender, a large corporate shareholder or a business with a permanent establishment in India can face different, usually lower, treaty rates that this grid doesn’t model.
- Treaty rates carry no surcharge or cess on top; India’s own rate is shown with 4% cess added, to compare like with like. Whether cess sits on top of a treaty rate is a grey area in practice.
- The India–Qatar rates are the ones in the new agreement, which applies from tax year 2026-27.
What to do with your result
If the grid shows “India, capped” and a rate below what your bank or company is deducting, get your tax residency certificate and Form 41 to the payer before the next payment; it’s the one step that stops the money being tied up until your refund. If it’s already been deducted at the higher rate, the treaty rate is still yours to claim in your Indian return. Our guide to how tax treaties work for NRIs walks through both routes, and each country’s own DTAA guide goes article by article.
When to get a CA
- If a payer won’t apply the treaty rate on a large payment and you want to press the point.
- If you’re resident in more than one country this year — the treaty’s tie-breaker decides which one the rates in this grid even apply to.
- If the income is a capital gain on Indian shares or mutual funds, where the eight treaties here genuinely differ and this grid doesn’t cover the rate.
- For claiming credit at home for the Indian tax, which follows your own country’s rules, not India’s.