India repatriation limit planner
Check headroom under the annual remittance limit and the forms the bank needs.
Open itAn Indian payer withholds at the domestic rate unless your residence certificate and declaration reach them first. This shows what the domestic rate takes, what the treaty allows, and the refund you would otherwise be waiting on.
In rupees. The withholding is on the gross figure, not the net.
The rate the payer applies with no treaty claim. Look it up for your income type; do not assume it.
A percentage of the tax, not of the income. It steps up with income; check the band you are in.
Charged on tax plus surcharge. Confirm the current rate before relying on it.
From the article in your treaty. The cap is normally inclusive of surcharge and cess.
Tick to see the position when the paperwork arrived in time. Untick for the position when it did not.
Refund at stake
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Domestic rate including surcharge and cess —
A treaty caps what India may charge on a dividend, an interest payment or a royalty going to a resident of the other country. It does not tell the payer to charge less. The payer withholds at the domestic rate unless it is holding evidence that you are entitled to the cap, and every rupee over the cap then sits with the tax department until you file a return and claim it back.
The evidence is a tax residency certificate from your own country, the self-declaration India asks non-residents for, and a permanent account number where one is required. Get those to the payer before the payment is made and the lower rate applies at source. Send them afterwards and you are in the refund queue instead.
India adds a surcharge to the tax and then a cess on top of tax plus surcharge, so the effective domestic rate is always higher than the headline. The calculator applies them in that order, which is why the effective rate in the readout is above the rate you typed.
A treaty cap is normally read as a ceiling on the total Indian tax on that income, so surcharge and cess do not sit on top of it. That is the assumption used here, and it is the usual position — but the wording is in the treaty and the protocol, so it is worth reading rather than assuming.
Worked example
A resident of Canada receives interest of 10,00,000 rupees from an Indian company. The domestic rate applied to that payment is high, and the treaty caps interest at a lower figure.
Change the cess figure and watch the domestic column move but the treaty column stay still. That gap is the whole reason the certificate is worth chasing before the payment date.
An estimate, not advice. This is an estimate built from what you typed, not advice on your file. Nothing here reads your documents, checks your treaty article or looks at the year you are actually in. Where the number matters, we agree a fixed fee in writing before any work starts.
Any figure prefilled in the panel above is stated with the year it belongs to and can be changed. Rates and thresholds move; a calculator that asks you for the current one stays right, and one that hides a guess does not.
Where the treaty rate is lower than what was deducted, the difference comes back through a return rather than at source. The file establishes entitlement and files for the years still open.
Read how this one runsRelief usually exists and is lost to sequence: one country taxes at source and the other credits it, and preparing them in the wrong order claims a credit against a figure nobody has computed.
Read how this one runsEmployment carried out in Canada is taxable here even where the employer and the bank account are not. The engagement establishes how many of the days were worked in Canada, applies the treaty employment article, and deals with the withholding the payer has already taken.
Read how this one runsA reduced rate under a treaty is available only where the payer is satisfied the recipient is resident in the treaty country. The certificate and the withholding form are what make the rate available at source instead of recoverable a year later.
Read how this one runsIndian residence is decided by presence tests applied to the financial year, and a single trip can change the answer for the whole of it. The status is established before any return or exemption is considered.
Read how this one runsThe employment article turns on where the work is done, who pays, and who bears the cost — three tests that can point in different directions. The file establishes all three before either return is drafted.
Read how this one runsA single employee with authority to conclude contracts can create a taxable presence for the whole company. The review tests what the person actually does against the treaty article, and where a presence exists, works out what profit is attributable to it.
Read how this one runsA trust settled in one country and a beneficiary living in another produces reporting for the trust, the settlor and the beneficiary, on different forms and different dates. The engagement maps who files what before anything is prepared.
Read how this one runsAll case studies — every published engagement in one place.
Strategy and compliance for income, assets and families spread across borders.
Holding structures live or die on treaty access, beneficial ownership and substance — the MLI's principal-purpose test now sits over every arrangement.
A holding structure is only as good as its reporting. Foreign affiliates, accrued passive income and distributions each carry their own return, and the penalties on those attach to the form rather than to any tax being owed — so a structure that saves tax can still cost money if the information returns are late.
Check headroom under the annual remittance limit and the forms the bank needs.
Open itFind which part of Form 15CA applies and whether Form 15CB is needed.
Open itCheck whether interest on an Indian non-resident account is exempt or taxable.
Open itHow this desk handles the work behind the numbers, at a fixed fee agreed before it starts.
Read the pageHow this desk handles the work behind the numbers, at a fixed fee agreed before it starts.
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