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India-United Arab Emirates DTAA

Treaty signed: April 29, 1993  |  Effective from: March 24, 1994

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

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: For NRIs resident in UAE, India can only tax Indian-source income (rent from Indian property, capital gains on Indian assets, dividends from Indian companies). UAE-source salary is not taxable in India provided you satisfy the NRI status (less than 182 days in India during the FY). UAE does not impose personal income tax, so there is no double taxation issue for employment income.

Key Treaty Provisions

  • UAE has no personal income tax - the DTAA effectively ensures that Indian residents of UAE are not taxed by India on UAE-source income
  • Salaries of Indian citizens working in UAE: not taxable in India if they qualify as UAE residents (182+ days in UAE)
  • Indian investment income (rent, dividends from Indian companies): India retains taxing rights; UAE gives no credit (no income tax)
  • Capital gains on Indian property or shares: taxable in India (source-based)
  • Business Profits: UAE companies without PE in India are not taxable in India on business profits

Frequently Asked Questions

Is salary earned in Dubai by an Indian NRI taxable in India?

No, if you qualify as a Non-Resident Indian (spend less than 182 days in India in the FY, or less than 60 days with the extended criteria). Your UAE salary is not sourced from India, so India has no taxing right. The India-UAE DTAA further protects this. If you become a Resident of India, your global income becomes taxable.

What TDS rate applies on rent paid to an NRI in UAE from their Indian property?

Under the India-UAE DTAA, interest income is taxed at 12.5%. For rental income specifically, it is taxed as per property income provisions - the standard TDS rate of 30% (for NRI landlords) applies unless a lower certificate from the Assessing Officer is obtained. Rental income arises in India and India retains full taxing rights.

Do UAE companies pay tax in India on India-related profits?

Only if they have a Permanent Establishment (PE) in India - an office, branch, or agent. A UAE trading company with no presence in India is not taxable in India on business profits under the DTAA. Services performed in India for more than 183 days may create a Service PE.

Browse all articles

19 articles
Art. 1
Persons Covered

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

Art. 4
Resident

Article 4 of the India-UAE DTAA governs resident.

Art. 5
Permanent Establishment

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

Art. 7
Business Profits

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

Art. 8
Shipping, Inland Waterways, and Air Transport

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

Art. 9
Associated Enterprises

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

Art. 1010%
Dividends

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

Art. 1112.5%
Interest

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

Art. 1210%
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 UAE.

Art. 14
Independent Personal Services

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

Art. 18
Pensions

Article 18 of the India-UAE DTAA governs pensions.

Art. 19
Government Service

Article 19 of the India-UAE 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 UAE to resolve disputes - particularly transfer pricing disp

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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