Money out: repatriation

Getting Money Out of India to a Hong Kong Parent: Dividends at 5%, 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 Hong Kong parent can take money out of its Indian subsidiary as dividends, service fees, royalties, interest, loan repayments, buybacks or sale proceeds. The treaty caps Indian withholding at 5% on dividends and 10% on interest, royalties and fees for technical services when the paperwork is in place, against a domestic rate of about 20% plus surcharge and cess on dividends to non-residents. Payments to related parties are scrutinised, so keep contracts, evidence of service and arm's length support. Hong Kong generally does not tax Indian-sourced dividends, but the foreign-sourced income exemption rules can apply to multinational group members.

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

Key facts

Dividends5% treaty rate with Hong Kong beneficial owner; paid from distributable profits after audit and shareholder approval
Service feesFees for technical services at 10% under the treaty if the services are managerial, technical or consultancy; otherwise business profits depend on a PE; GST reverse charge applies
Royalties10%; licence agreement and valuation required
Interest10%; ECB limits; interest limitation rule
Loan principalNo tax on principal; follows the ECB schedule
PaperworkHong Kong tax residency certificate, Form 41, no-PE declaration, Form 145 (previously 15CA), Form 146 (previously 15CB) where needed
ScrutinyRelated-party payments draw questions from banks and tax authorities; keep evidence
Hong Kong sideTerritorial taxation; FSIE rules may apply to foreign-sourced income received in Hong Kong by group members

The routes compared

RouteIndian tax on the outflowHong Kong resultWatch for
Dividends5% under the treaty, against about 20% plus surcharge and cess domesticallyGenerally not taxed as Hong Kong-sourced, subject to FSIEDistributable profits; Form 41 before payment; principal purpose test
Service fees10% if fees for technical services; nil if business profits without a PEMay be taxable if services are performed in Hong Kong; confirmEvidence of service, arm's length price, GST reverse charge
Royalties10%Taxable in Hong Kong according to source and use of the IP; confirm with a Hong Kong adviserLicence agreement, valuation, transfer pricing
Interest10%; limits on cost and amountTaxable if it arises in Hong Kong; foreign-sourced interest is subject to FSIEECB ceiling; interest limitation rule
Loan principalNone on principalNot incomeMaturity and registration
Buy-back or sale proceedsCapital gain tax; buy-back taxed as dividend in some casesCapital gains generally not taxed; FSIE for disposal gains by group membersTax on gains in India; see exit guide

Paying a dividend

  1. Prepare audited accounts and confirm distributable profits under the Companies Act.
  2. The board recommends and shareholders approve the dividend; no interim dividend without distributable profit.
  3. Collect from the Hong Kong parent: tax residency certificate, Form 41, beneficial ownership and no-PE declaration.
  4. Deduct Withholding Tax at the treaty rate under Section 393 of the Income-tax Act, 2025, and deposit it by the 7th of the following month.
  5. Remit through the authorised dealer bank with Form 145 (and Form 146 if the bank requires a chartered accountant's certificate).

Service fees, royalties and recharges

  • Payments for management, technical or consultancy services are fees for technical services at 10% under the treaty if the paperwork is in place, plus GST on reverse charge.
  • A recharge of salaries for seconded staff is a service fee; apply Withholding Tax and transfer pricing. See Hong Kong employees in India.
  • Pay only for services actually received, and keep the contract, invoices and evidence of benefit. Indian tax officers disallow unsupported management fees.
  • A royalty needs a written licence agreement, a clear scope and arm's length pricing. See transfer pricing.

Remittance paperwork

DocumentWhenPurpose
Tax Residency Certificate and Form 41Before the first payment each yearClaim treaty rate
Beneficial ownership and no-PE declarationBefore paymentSupport treaty claim and principal purpose test
Form 145 (previously 15CA)Each foreign remittanceOnline declaration to the tax department
Form 146 (previously 15CB)Where required for the remittanceChartered accountant's certificate
Withholding Tax return and certificateQuarterly return; certificate to the payeeHong Kong credit and records

Hong Kong side

Indian dividends are generally not Hong Kong-sourced. Group members that receive foreign dividends in Hong Kong should check the FSIE conditions. Your Hong Kong adviser should confirm. ₹10 lakh is about HK$83,000 at an indicative ₹12.07 per Hong Kong dollar (15 October 2026 interbank rate; check the live rate before remitting).

Official sources

Check the rules at the primary sources: Income Tax Department (India), Reserve Bank of India, Ministry of Corporate Affairs, Inland Revenue Department (Hong Kong), Companies Registry (Hong Kong) and the Ministry of External Affairs (India).

Frequently asked questions

What is the withholding tax on dividends paid from India to a Hong Kong parent?

5% of the gross amount under the treaty if the Hong Kong company is the beneficial owner and the paperwork is in place. The domestic rate on dividends to non-residents is about 20% plus surcharge and cess.

Which forms do I need to send money to Hong Kong?

Form 145 for the remittance, and Form 146 where a chartered accountant's certificate is needed, along with Form 41 and the tax residency certificate for treaty rates.

Can I pay a management fee to Hong Kong?

Yes if it is for real services at an arm's length price, with Withholding Tax at 10% where treated as fees for technical services under the treaty and GST on reverse charge.

Can the subsidiary pay dividends from capital?

No. Dividends must come from distributable profits as the Companies Act requires.

Can I repay a loan to Hong Kong?

Yes, following the registered ECB schedule through the bank. Principal is not taxed, but interest is subject to Withholding Tax.

Are Indian dividends taxed in Hong Kong?

Generally not as Hong Kong-sourced, but the foreign-sourced income exemption rules can apply to multinational group members that lack economic substance.

What if the Hong Kong company is only a conduit?

The principal purpose test and the general anti-avoidance rule can deny treaty relief. Build commercial substance in Hong Kong.

See all 157 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 Hong Kong rules change often; confirm current requirements before acting.

Talk to AU Corporate

Sending Profits Back to Hong Kong?

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