Cross-Border Money & Tax
Profit & Dividend Repatriation from India
Getting money out of India is not the hard part — documenting it is. Dividends, royalties, interest and exit proceeds each have their own FEMA route, withholding-tax trigger and reporting form.
Last reviewed: July 2026 · Reviewed by CA Regi Tom Antony, Regi Tom Antony & Associates.
What is profit repatriation from India?
Profit repatriation from India is the lawful transfer of an Indian subsidiary's earnings to its foreign shareholder through routes permitted by the Foreign Exchange Management Act, 1999. The principal route is a dividend under Section 123 of the Companies Act, 2013; royalty, technical fees and interest are contractual alternatives, each with its own withholding-tax and reporting obligation.
As of 2026 there is no FEMA cap on dividend repatriation to a non-resident shareholder on the automatic route. The constraints are corporate-law ones — a company can only distribute profits it has actually earned and audited — and tax ones, since nothing leaves India until Section 195 tax has been deducted and deposited.
Which routes can a foreign parent use to get money out of India?
A foreign parent can extract value from India through five routes: dividend, royalty and fees for technical services, interest on shareholder debt or ECB, buyback of shares, and sale or capital proceeds on exit. The first three are current-account transactions cleared by the AD bank; buyback and exit proceeds are capital-account transactions reported to the RBI through FC-TRS.
| Route | Mechanism | Tax / TDS trigger | FEMA reporting |
|---|---|---|---|
| Dividend | Declared out of distributable profits under Section 123, Companies Act 2013 | Section 195 TDS — 20% + surcharge/cess, or DTAA rate (commonly 5%-15%) | Current-account transaction; Form 15CA/15CB; reported in annual FLA return |
| Royalty & technical fees (FTS) | Under a written licence or services agreement with the foreign parent | Section 195 TDS — 20% + surcharge/cess under Section 115A, or DTAA rate (commonly 10%-15%) | Current-account transaction; Form 15CA/15CB; transfer-pricing documentation under Section 92 |
| Interest on ECB / shareholder debt | External Commercial Borrowing under the FEMA (Borrowing and Lending) Regulations | Section 195 TDS — concessional 5% under Section 194LC where conditions are met, else 20%/DTAA rate | Loan Registration Number (LRN) and monthly ECB-2 return to RBI |
| Buyback of shares | Buyback under Section 68, Companies Act 2013, at or below fair value for a non-resident seller | Taxable in the shareholder's hands as deemed dividend (post Finance (No. 2) Act 2024); Section 195 TDS applies | Capital-account transaction; FC-TRS filing on the RBI FIRMS portal within 60 days |
| Capital / sale proceeds on exit | Share transfer or capital reduction; pricing per FEMA (NDI) Rules, 2019 | Capital gains under Section 45; TDS under Section 195 on the buyer; valuation certificate required | Capital-account transaction; FC-TRS within 60 days of receipt of consideration |
Rates stated are as of 2026 and are indicative; the applicable treaty rate depends on the payee's country of residence and the specific DTAA article. See our detailed guide to withholding tax on foreign remittances.
How is a dividend to a foreign parent taxed?
A dividend paid to a foreign parent is taxed in the shareholder's hands, not the company's. Dividend Distribution Tax was abolished by the Finance Act 2020 with effect from FY 2020-21. The Indian payer must withhold under Section 195 of the Income-tax Act, 1961 at 20% plus surcharge and cess, or at the beneficial DTAA rate — commonly 5% to 15% — where the parent furnishes a valid Tax Residency Certificate, Form 10F and a no-permanent-establishment declaration.
How we handle a repatriation
Route selection
We model dividend versus royalty versus interest against your treaty position, transfer-pricing exposure and Indian cash needs before anything is declared.
Treaty & TRC file
We assemble the Tax Residency Certificate, Form 10F and no-PE declaration so the AD bank accepts the DTAA rate rather than defaulting to 20%.
15CA / 15CB certification
Form 15CB is signed by a Chartered Accountant and Form 15CA filed online under Rule 37BB, matched line-by-line to the remittance advice.
FEMA reporting
FC-TRS on capital transactions within 60 days, ECB-2 on borrowings, and the annual FLA return by 15 July — filed on the RBI FIRMS portal.
What is the process to remit a dividend abroad?
- 1
Audit and compute distributable profits
Finalise accounts under the Companies Act, 2013 and compute profits available for distribution under Section 123, after depreciation and any transfer to reserves.
- 2
Board and shareholder approval
Pass a board resolution recommending the dividend (or declaring an interim dividend) and, for a final dividend, obtain shareholder approval at the AGM.
- 3
Deposit Section 195 withholding tax
Deduct tax at the Act or treaty rate, deposit it by the seventh of the following month and report it in the quarterly Form 27Q TDS return.
- 4
Obtain Form 15CB and file Form 15CA
A Chartered Accountant certifies the taxability, treaty article and rate in Form 15CB; the remitter files the corresponding Part of Form 15CA under Rule 37BB.
- 5
Remit through the AD Category-I bank
Submit the A2 form, board resolution, audited accounts, TRC, Form 10F, no-PE declaration and TDS challan; the bank releases the SWIFT transfer.
- 6
Report and close the loop
Capture the transaction in the annual FLA return by 15 July and, on capital transactions, file FC-TRS on the FIRMS portal within 60 days.
Where repatriation planning starts
Repatriation is decided at entry, not at exit. The share capital versus debt mix in your wholly owned subsidiary, the treaty position of the holding jurisdiction chosen during foreign company formation in India, and the quality of monthly books maintained under a virtual CFO arrangement determine how much of the profit actually reaches the parent. NRIs remitting personal income should also review NRI investment and FEMA compliance and NRI taxation.
Frequently asked questions
Can a foreign company freely repatriate profits from India?
Is there a limit on dividend repatriation from India?
What tax is deducted when an Indian subsidiary pays a dividend to a foreign parent?
What documents are needed to remit profit abroad (Form 15CA/15CB)?
How long does profit repatriation from India take?
Reviewed by CA Regi Tom Antony, Regi Tom Antony & Associates. Last reviewed: July 2026. This page is general guidance as of 2026 and is not a substitute for engagement-specific advice.
Move profit out of India cleanly, the first time
Treaty rate secured, Section 195 computed, 15CA/15CB filed and the AD bank satisfied.