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India-Canada DTAA

Treaty signed: January 11, 1996  |  Effective from: May 6, 1997

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

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: Canada-based NRIs with Indian investments need to declare Indian income in Canada and pay Canadian tax, then claim a Foreign Tax Credit (FTC) for Indian taxes paid. The India-Canada DTAA ensures they are not taxed twice. NRO interest at 15% DTAA rate is popular for Canadian NRIs vs 30% standard rate.

Key Treaty Provisions

  • Canada-India DTAA provides for 15% withholding on dividends for portfolio investors and 25% for controlling shareholders
  • The treaty is important for the large Indian diaspora in Canada receiving Indian-source income
  • RRSP contributions - Indian source income declared in Canada may flow into RRSP; DTAA does not specifically address RRSP
  • Capital gains on Indian immovable property: taxable in India; credit available in Canada
  • MLI: both India and Canada have ratified; PPT applies

Frequently Asked Questions

How is Indian rental income taxed for a Canadian resident NRI?

Indian rental income is taxable in India (India retains source-based taxing right on immovable property). Standard TDS on NRI rental income is 30%. India-Canada DTAA does not provide a reduced rate for rental income - it is taxed per Indian domestic law. You then declare this income in Canada and claim a foreign tax credit for Indian taxes paid.

What TDS rate applies on interest from NRO FD for a Canada-based NRI?

Under the India-Canada DTAA, interest is taxable at 15%. Submit TRC (from CRA - Canada Revenue Agency) and Form 10F to your Indian bank to get TDS deducted at 15% instead of 30%.

Can a Canadian company provide software services to Indian clients at a lower DTAA rate?

If the software services qualify as Fees for Technical Services (FTS) under the treaty, the withholding rate is 15% under the India-Canada DTAA. If they are purely business profits (no PE in India), no Indian tax applies. The classification depends on the nature of services.

Browse all articles

20 articles
Art. 1
Persons Covered

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

Art. 4
Resident

Article 4 of the India-Canada DTAA governs resident.

Art. 5
Permanent Establishment

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

Art. 7
Business Profits

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

Art. 8
Shipping, Inland Waterways, and Air Transport

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

Art. 9
Associated Enterprises

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

Art. 1015%
Dividends

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

Art. 1115%
Interest

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

Art. 1215%
Royalties

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

Art. 12A15%
Fees for Technical Services

FTS - payments for managerial, technical, or consultancy services - are taxed at the treaty rate where a speci

Art. 13
Capital Gains

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

Art. 14
Independent Personal Services

Article 14 of the India-Canada 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-Canada DTAA governs artistes and sportspersons.

Art. 18
Pensions

Article 18 of the India-Canada DTAA governs pensions.

Art. 19
Government Service

Article 19 of the India-Canada 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 Canada to resolve disputes - particularly transfer pricing d

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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