India–Kuwait DTAA rates for NRIs
The India–Kuwait tax treaty (2006 (protocol 2017)) caps the tax India can deduct on several kinds of income paid to residents of Kuwait. Here are the rates and how to claim them.
Rates checked on against the treaty text.
| Income from India | Treaty rate | India's normal rate for non-residents |
|---|---|---|
| Interest (for example NRO deposits) | 10% | 30% plus surcharge and cess |
| Dividends from Indian companies | 10% | 20% plus surcharge and cess |
| Royalties and fees for technical services | 10% | As per the Act |
| Gains on property in India | Taxable in India (Art 13: country where property is situated) | Taxed in India |
Fees for technical services have a broad definition with no make-available test. The 2017 protocol changed only the taxes-covered and exchange-of-information articles.
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 Kuwait, 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.