Withholding Tax and Foreign Portfolio Investment in India

Withholding Tax and Foreign Portfolio Investment in India

Context

The government and the Reserve Bank of India are reportedly examining a reduction in withholding tax on government bonds to attract higher foreign capital inflows into India.

About Withholding Tax

  1. The Government of India collects withholding tax directly at the source when certain payments are made to non-residents.
  2. The tax applies to income such as interest, dividends, royalties and wages earned in India.
  3. Foreign investors earning interest income from Indian bonds are also liable to pay withholding tax.
  4. The system works in a manner similar to Tax Deducted at Source (TDS) and is also known as Retention Tax.
  5. Under Section 195 of the Income Tax Act, 1961, the payer must deduct the tax before transferring or crediting the amount to a non-resident’s account.
  6. The applicable rate depends on the nature of income and relevant taxation provisions.
  7. India follows the lower tax rate prescribed either under the Income Tax Act, 1961 or the applicable Double Taxation Avoidance Agreement (DTAA).