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Canada - India tax treaty

A practical treaty page built around the official treaty text, key withholding categories, permanent-establishment rules, and article-level summaries.

Signed

1996-01-11

Effective

1997-05-06

Articles seeded

6

Withholding snapshot

Dividends

Individual rate: 25% · Corporate rate: 15%

The lower 15 percent corporate rate generally depends on direct-ownership thresholds. India's domestic dividend regime, modified in 2020 to shift taxation to shareholders, interacts with the article.

Interest

Rate: 15%

The 15 percent ceiling may be reduced for qualifying bank interest. Government and central-bank interest may obtain better treatment under the article.

Royalties

Rate: 15%

Royalties and fees for technical services face treaty ceilings of 10 to 20 percent depending on category and on the make-available standard for FTS.

Permanent establishment

Construction threshold: more than 120 days

Dependent-agent analysis under the treaty includes specified habitual-conclusion and stock-of-goods rules common to many India treaties.

Other treaty flags

Pensions: residence
Protocols: None seeded
Exchange of information: Yes
Student article: Yes
Teacher article: Yes

Pension treatment is article-specific. The treaty distinguishes pensions from social-security-style payments.

Seeded article summaries

Article 4

Residence

Defines treaty residence under the 1996 wording.

Article 4 reflects the 1996 wording. Residence analysis interacts with India's developing rules on Place-of-Effective-Management and Significant Economic Presence.

Article 5

Permanent Establishment

Sets the business-presence threshold including service-PE provisions.

The treaty includes a service-PE rule and specific provisions on installation and supervisory activities.

Article 7

Business Profits

Generally reserves business profits to the residence state in the absence of a PE.

Article 7 is the operating rule for cross-border services. Its protective effect can be limited by the service-PE rule and the FTS regime in Article 12.

Article 10

Dividends

Caps source-country withholding on dividends at treaty ceilings.

Article 10 produces the 25 percent and 15 percent treaty ceilings. India's 2020 shift on dividend taxation has changed how the article applies in practice.

Article 11

Interest

Limits source-country withholding on qualifying interest.

Article 11 produces a 15 percent general ceiling. Government, central-bank, and qualifying-bank interest may obtain better treatment.

Article 12

Royalties and Fees for Technical Services

Caps royalties and FTS at treaty ceilings that vary with category.

Article 12 combines royalties and FTS at ceilings of 10 to 20 percent depending on category and on the make-available standard.

Official text

Other treaties involving these jurisdictions

Computed from the cross-reference graph. Links open the related entity on this site.

Important disclaimer

This library is for general tax education only. Always verify filing obligations, due dates, and tax consequences against the cited primary source or with a qualified tax professional.