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India-Bahrain DTAA

Treaty signed: April 9, 2004  |  Effective from: August 11, 2005

● Live · Rates served from /api/tax-rules/dtaa/BH

Dividends

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Interest

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Royalties

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Capital Gains

Fees for Technical Services

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NRI / Practical Note: Bahrain-resident NRIs benefit from India not taxing capital gains on Indian shares (the treaty's capital gains article gives exclusive taxing right to Bahrain, which has no capital gains tax). This makes Bahrain technically the best-treaty jurisdiction for NRIs investing in Indian equity - though SEBI KYC requirements and anti-avoidance provisions may apply.

Key Treaty Provisions

  • Bahrain does not impose personal income tax - the treaty is primarily about preventing India from taxing Bahrain-source income of Indian residents
  • Zero withholding on dividends and interest - most favourable among India's Gulf treaties
  • Capital gains on Indian shares: residence-based - Bahrain residents are NOT taxed in India on gains from Indian shares (unusual provision)
  • However, gains on Indian immovable property remain taxable in India
  • Very limited treaty - does not cover royalties or FTS (domestic law applies)

Frequently Asked Questions

Is capital gains on Indian stocks zero for Bahrain-resident NRIs?

Technically, the India-Bahrain DTAA gives exclusive taxing right on capital gains to Bahrain (the country of residence). Since Bahrain has no capital gains tax, the effective rate is zero. However, this applies to the treaty provision on capital gains from movable property (shares). Indian real estate capital gains remain taxable in India.

What is the TDS rate on NRO interest income for a Bahrain-resident NRI?

The India-Bahrain DTAA specifies 0% withholding on interest. However, Indian banks may still apply standard TDS and you would need to claim a refund or apply for a lower/nil withholding certificate by proving Bahrain residency. Operationally, submit TRC and Form 10F to your bank.

Does India tax Bahrain company profits on Indian operations?

Only if the Bahrain company has a Permanent Establishment in India. Business profits attributable to an Indian PE are taxable in India. Without a PE, business profits are taxable only in Bahrain (which has no corporate tax for most entities).

Browse all articles

19 articles
Art. 1
Persons Covered

Article 1 of the India-Bahrain DTAA governs persons covered.

Art. 4
Resident

Article 4 of the India-Bahrain DTAA governs resident.

Art. 5
Permanent Establishment

Article 5 of the India-Bahrain DTAA governs permanent establishment.

Art. 7
Business Profits

Article 7 of the India-Bahrain DTAA governs business profits.

Art. 8
Shipping, Inland Waterways, and Air Transport

Article 8 of the India-Bahrain DTAA governs shipping, inland waterways, and air transport.

Art. 9
Associated Enterprises

Article 9 of the India-Bahrain DTAA governs associated enterprises.

Art. 100%
Dividends

Dividends paid by a company resident in one State to a resident of the other State may be taxed in the recipie

Art. 110%
Interest

Interest arising in one State and paid to a resident of the other may be taxed in the recipient's State, with

Art. 120%
Royalties

Royalties paid to a resident of the other State may be taxed in the recipient's State; the source State retain

Art. 13
Capital Gains

Article 13 allocates taxing rights over capital gains between India and Bahrain.

Art. 14
Independent Personal Services

Article 14 of the India-Bahrain DTAA governs independent personal services.

Art. 15
Income from Employment

Article 15 sets the taxing rights for salaries earned by an employee of one State who works in the other.

Art. 17
Artistes and Sportspersons

Article 17 of the India-Bahrain DTAA governs artistes and sportspersons.

Art. 18
Pensions

Article 18 of the India-Bahrain DTAA governs pensions.

Art. 19
Government Service

Article 19 of the India-Bahrain DTAA governs government service.

Art. 23
Elimination of Double Taxation

Article 23 sets out the mechanism by which double taxation is eliminated - typically through a foreign tax cre

Art. 25
Mutual Agreement Procedure (MAP)

MAP allows the competent authorities of India and Bahrain to resolve disputes - particularly transfer pricing

Art. 26
Exchange of Information

Allows the competent authorities to exchange information necessary to apply the treaty or domestic tax laws.

Art. 29
Entitlement to Benefits (PPT / LOB)

Treaty benefits are denied where the principal purpose of the transaction was to obtain them.

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