Money out: repatriation

Getting Money Out of India to Germany: Dividends, Service Fees, Royalties, Interest and Loan Repayments

By Abhishek Jaiin, Chartered Accountant (ICAI membership no. 544646), AU Corporate · Last updated 26 October 2026

Short answer

A German parent can take money out of its Indian subsidiary as dividends, service fees, royalties, interest, loan repayments, buybacks or sale proceeds. Indian Withholding Tax under Section 393 is capped at 10% on dividends, interest, royalties and technical fees under the treaty, but each route has its own paperwork and its own German result. Dividends are the cleanest: 10% in India, and for a corporation with at least 10% 95% exempt in Germany, which leaves an effective German cost of about 1.5%.

← Back to the complete guide: How to Set Up a Subsidiary in India from Germany

Key facts

Dividends10% under the treaty, any shareholding; 95% exempt in Germany for a qualifying corporation
Service feesTaxed in India only if they are technical fees or the parent has a PE; Indian GST reverse charge; no German VAT where the Indian company is the recipient
Royalties10%; taxable in Germany with credit for Indian tax
Interest10%, with reported exemptions for public lenders and Hermes-covered loans; taxable in Germany
Loan repaymentPrincipal repayments follow the ECB schedule; Forms 145 and 146 as applicable
PaperworkGerman certificate of residence, Form 41, no-PE declaration, Form 145 (previously 15CA), Form 146 (previously 15CB) where needed
Payer's dutyDeduct Withholding Tax under Section 393 and deposit by the 7th of the following month

The routes compared

RouteIndian tax on the outflowGerman resultWatch for
Dividends10% under the treaty, against about 20% plus surcharge and cess domestically95% exempt if the parent held at least 10% at the start of the year; about 1.5% effectiveDistributable profits; Form 41 before payment
Service feesOften nil if not a technical fee and no PE; otherwise 10%Taxable business income with credit for Indian taxDocumented services, arm's length price, GST reverse charge
Royalties10%Taxable with creditLicence agreement, valuation, transfer pricing
Interest10% (exempt for some public lenders and Hermes-covered loans, as reported)Taxable with creditECB ceiling, Indian interest limitation rule
Loan principalNo tax on principalNot incomeMaturity and registration
Buyback or capital reductionTaxed as deemed dividend or capital gain depending on the routeDepends on the structure and the parent's positionCompanies Act procedure
Sale proceedsCapital gains per the treaty (open point) and date of acquisitionShare gains 95% exemptValuation, indirect transfer

Dividends: the standard route

  1. The board recommends a dividend from distributable profits after the audit; the shareholders approve it at the AGM.
  2. The subsidiary asks the German parent for the certificate of residence, Form 41 and declarations.
  3. It deducts Withholding Tax under Section 393 at 10% and pays the net amount through the dealer bank, with Form 145 and, where required, Form 146.
  4. It issues a Withholding Tax certificate. The parent keeps it for its German return and any credit.
  5. The parent records the dividend, the 95% exemption and the 5% add-back in its German tax computation.

Fees, royalties and recharges

  • Put each charge in a written agreement before the services begin, with a price method and evidence of benefit.
  • Apply transfer pricing and keep a benchmarking file. See transfer pricing.
  • Indian GST: the Indian subsidiary usually pays GST under reverse charge on services imported from the German parent, and may claim it as input credit if it makes taxable supplies.
  • German VAT: services to a business customer in India are generally treated as supplied outside Germany, so no German VAT is charged. Keep proof of the Indian customer's business status and confirm with your German adviser.
  • Avoid vague 'management fees' with no recipient work. Indian authorities often disallow such costs.

Limits and traps

  • Excess interest: interest above the ECB ceiling or arm's length is not deductible and may not be remitted.
  • Interest limitation: interest paid to foreign associated enterprises is capped as a percentage of EBITDA under the Indian interest limitation rule.
  • Dividend timing: declaring a dividend before the accounts are approved invites disputes.
  • Missed forms: a bank may refuse to remit without Form 145 or the right declaration.
  • Partnership parent: if the parent is a transparent partnership, the 95% exemption does not apply in the same way. See structure options.
  • PE risk: if German staff do the work in India, fees may be profits of an Indian PE rather than service income.

On the German side

Keep the Indian Withholding Tax certificates and the residence certificate file. Germany gives credit for foreign tax on income that is taxable in Germany, subject to its limits, and exempts 95% of qualifying dividends under domestic law. Your German adviser should confirm the treatment each year. See German parent obligations.

Official sources

Check the rules at the primary sources: Income Tax Department (India), Reserve Bank of India, Ministry of Corporate Affairs, Federal Central Tax Office (BZSt), Handelsregister and the Deutsche Bundesbank.

Frequently asked questions

How is a dividend from India taxed on its way to a German parent?

India withholds 10% under the treaty, on receipt of the German certificate of residence and Form 41. In Germany, 95% of a qualifying dividend is exempt, so the effective German cost is about 1.5%.

What forms are needed to send money from India to Germany?

Form 145 (previously 15CA) and, where required, Form 146 (previously 15CB) for the remittance, plus the treaty documents.

Are management fees to a German parent taxable in India?

Only if they are fees for technical services under the treaty definition or the parent has a PE in India. The payment must also be at arm's length and supported by evidence of service.

Does the German parent charge VAT on services to the Indian subsidiary?

Generally not. Services to a business customer in India are supplied outside Germany, but keep proof of the customer's status and confirm with your German adviser.

When is Withholding Tax deposited?

By the 7th of the month following the payment or credit.

Can an Indian subsidiary repay a loan from its German parent at any time?

Principal repayment follows the ECB agreement and the RBI's minimum maturity. Early repayment before the minimum maturity needs care.

Does India limit interest to a foreign parent?

Yes. Interest paid to an associated enterprise abroad is capped under the interest limitation rule and must also meet the RBI cost ceiling and arm's length tests.

See all 146 FAQs →Plain answers on incorporation, FEMA, tax, hiring and exit.

Sources

← Back to the complete guide

Last updated 26 October 2026. General information only, not legal or tax advice. Indian and German rules change often; confirm current requirements before acting.

Talk to AU Corporate

Sending Profits Back to Germany?

Tell us the dividend, fee, royalty or interest you plan to pay, and we'll map the treaty rate, the residence certificate and the remittance forms.

  • • Company incorporation and entity selection
  • • FDI, FEMA and regulatory guidance
  • • Tax, banking and post-incorporation support