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/ Foreign Clients · Profit Repatriation · Updated 2026-10-13

Repatriate profits, dividend vs royalty vs FTS vs buyback.

Foreign parent with profitable Indian subsidiary — how to get the cash out. Four main routes: dividend, royalty, Fees for Technical Services (FTS), buyback. Each has different tax rate, FEMA compliance, and defensibility. Section 195 TDS applies to all; treaty rate varies by DTAA. Post DDT abolition (April 2020), tax is in the shareholder's hands — typically ~10-15% withholding under treaty vs 20% default. Here's the practitioner's decision framework.

DC

Written by CA Durgesh Chavda

Chartered Accountant (ICAI) · Founder, Bharat Quantum Prospera · US incorporation, India-US DTAA, FEMA ODI, NRI taxation, cross-border structuring · LinkedIn

/ The four repatriation routes

Decision table.

1. Dividend

  • Post April 2020: DDT abolished. Dividend taxable in foreign parent's hands — Section 195 TDS 20% default; 10-15% under DTAA with TRC + Form 10F.
  • Pre-conditions: Indian subsidiary must have distributable profits (per Companies Act Section 123); must pass solvency test.
  • Board resolution + sometimes AGM declaration.
  • FEMA: current account transaction — permitted via AD bank without special approval.
  • Form 15CA + 15CB mandatory.

2. Royalty / License Fee

  • Parent licenses IP (brand, patent, technology, software) to Indian subsidiary; subsidiary pays royalty.
  • Section 115A: 20% TDS default; 10% under most DTAAs with TRC + Form 10F.
  • Deductible in Indian subsidiary's P&L (unlike dividend which is not).
  • Transfer pricing scrutiny — must be benchmarked.
  • FEMA: current account; subject to Reserve Bank Automatic Route limits (typically 5% of domestic sales for brand; 8% of exports for brand).

3. Fees for Technical Services (FTS) / Management Fee

  • Parent provides services (management, consulting, IT, HR) to Indian subsidiary.
  • Section 115A: 20% TDS default; 10% under DTAA.
  • Deductible in Indian subsidiary's P&L subject to benefit test + TP arm's-length.
  • Common adjustment target in TP scrutiny if lacking substance.

4. Buyback / Capital Reduction

  • Indian subsidiary buys back shares from foreign parent.
  • Section 115QA: buyback tax 20% + surcharge on distributed income (effectively ~23.3%).
  • Receipt in parent's hands = capital gain — often non-taxable in India for foreign parent (Section 10(34A) exempts buyback-related income).
  • FEMA: subject to pricing guidelines; must be at fair value.
  • Companies Act: 10%-25% maximum buyback limits + 2-year gap between buybacks.
  • Complex but useful for large one-time repatriation.

/ Choosing the right route

Decision factors.

For small recurring repatriation (USD 100K-1M annually):

  • Dividend if India has profit history + distributable reserves. Simplest, lowest friction.

For loss-making Indian subsidiary that still needs to repatriate:

  • Dividend impossible (no profits).
  • Royalty / FTS acceptable — parent charges for services / IP. Must be TP-defensible.
  • Capital reduction possible but one-off.

For brand / IP-heavy groups:

  • Royalty is natural — parent owns brand, licensed to Indian subsidiary.
  • 5% of domestic sales benchmark typical; TP benchmarking supports.

For large one-time repatriation (USD 10M+):

  • Buyback / capital reduction may be more tax-efficient than dividend (buyback tax 20% on distribution amount vs 20% TDS on dividend amount — roughly similar but can be optimised).
  • Also provides cap table cleanup.

Deemed dividend (Section 2(22)(e)) trap:

  • If Indian subsidiary gives loan / advance to parent (or shareholder with 10%+ holding), treated as deemed dividend.
  • Avoids by: proper documentation (interest-bearing commercial loan, FEMA ECB compliance), repayment schedule.

/ Treaty rates for key countries

DTAA WHT.

CountryDividend (DTAA)Royalty (DTAA)FTS (DTAA)
USA15% (25% hold); 25% else10-15%10-15%
UK10% (10% hold); 15% else10-15%10-15%
Singapore10% (25% hold); 15% else10%10%
Mauritius5% (10% hold); 15% else15%10%
UAE10%10%10%
Netherlands10%10%10%
Germany10%10%10%

Rates indicative; verify specific DTAA article + beneficial ownership + GAAR implications before relying.

Must-haves for treaty rate: TRC from parent's country + Form 10F (electronic post Oct 2023) + No-PE declaration (where applicable).

/ Execution workflow

What repatriation actually involves.

  1. Confirm distributable profits (for dividend) or arm's-length pricing (for royalty / FTS).
  2. Board / shareholder resolution: Indian subsidiary's board/AGM declares dividend / approves royalty rate / FTS contract.
  3. Documents from foreign parent: TRC + Form 10F + PAN (if available).
  4. Form 15CA + 15CB: filed on Indian e-filing portal before remittance. See 15CA/CB guide.
  5. TDS deduction: at treaty rate (or 20% if TRC/Form 10F missing).
  6. Section 195 TDS deposit: by 7th of next month.
  7. Form 27Q quarterly return: by 31 Jul / 31 Oct / 31 Jan / 31 May.
  8. AD bank processing: with 15CA acknowledgement + 15CB attached, bank releases SWIFT.
  9. Payee receives net remittance in foreign bank account.
  10. Form 16A issued to foreign payee for TDS credit (if payee files Indian ITR to claim refund where applicable).

Last updated: 2026-10-13.

/ Ready when you are

Need to repatriate profits from Indian subsidiary to foreign parent?

Dividend, royalty, FTS, buyback - each has different tax rate + TP risk + FEMA compliance. BQP: route recommendation + Form 15CA/CB + Section 195 execution + annual compliance. Scope-based.

FAQ

Common questions, answered.

Is dividend from Indian subsidiary taxable in India post DDT abolition?
No DDT (Dividend Distribution Tax, previously ~20% in company's hands). From April 2020, dividend is taxable in shareholder's hands. For foreign shareholder: Section 195 TDS at 20% default; 10-15% under DTAA with TRC + Form 10F. Indian subsidiary deducts and deposits TDS; foreign parent receives net remittance.
What's cheaper - dividend or royalty for profit repatriation?
Comparable at treaty rates (both ~10-15% WHT) but royalty is deductible in Indian subsidiary's P&L (reduces Indian corporate tax ~25%) while dividend is not. Net: royalty often more tax-efficient at group level IF supported by TP benchmarks + genuine IP ownership at parent. Risk: aggressive royalty rates trigger TP scrutiny.
What is 'deemed dividend' under Section 2(22)(e)?
If Indian subsidiary gives a loan or advance to its parent (or any shareholder holding 10%+), the loan/advance is treated as deemed dividend to the extent of accumulated profits. Taxable in recipient's hands. Avoid by: (a) proper commercial loan documentation with interest + repayment schedule, (b) FEMA ECB compliance for cross-border loans, (c) using dividend/royalty route instead of informal transfers.
Do I need TRC and Form 10F every year?
Yes - TRC is typically annual (year-specific). Form 10F is electronic (post Oct 2023 via India e-filing portal), also annual. Both required for every remittance claiming DTAA treaty rate. Must be in place before Form 15CB is signed. BQP maintains TRC + Form 10F file for recurring remittance clients.
Can I use buyback to repatriate from India?
Yes - Indian subsidiary buys back shares from foreign parent. Buyback tax under Section 115QA: 20% + surcharge on distributed income (~23.3% effective) paid by Indian subsidiary. Receipt is capital gain in parent's hands but Section 10(34A) exempts buyback-related income - foreign parent typically pays no further India tax. Useful for large one-time repatriation + cap table cleanup. Max 10-25% buyback per Companies Act with 2-year gap.
Does BQP handle profit repatriation end-to-end?
Yes - route recommendation (dividend vs royalty vs FTS vs buyback), TP support (for royalty + FTS), TRC + Form 10F coordination with parent, Form 15CA + 15CB preparation, Section 195 TDS deposit + Form 27Q quarterly filing, AD bank liaison for SWIFT, Form 16A issuance. Standard annual engagement for Indian subsidiaries of foreign parents making regular remittances. WhatsApp +91 78018 87130.

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