Tax: DTAA

India-Russia Double Taxation Agreement Explained: 10% Dividends, Interest, Royalties and Technical Fees, PE Rules and the MLI

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

Short answer

The India-Russia tax treaty was signed in Moscow on 25 March 1997 and entered into force on 11 April 1998, replacing the 1988 India-USSR agreement. Read with India as the source state and Russia as the residence state, it caps Indian tax at 10% on dividends, interest, royalties and fees for technical services, taxes business profits in India only through a permanent establishment, taxes gains on shares of an Indian company in India, and gives relief by the credit method. Both countries are parties to the Multilateral Instrument, so the principal purpose test applies to Indian withholding from 1 April 2021. Confirm the current consolidated text before relying on any clause.

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Key facts

Signed / in force25 March 1997 at Moscow / 11 April 1998; replaced the India-USSR agreement of 20 November 1988
Dividends (Article 10)10% of the gross amount; beneficial owner must be taxed on it in Russia; no shareholding tiers
Interest (Article 11)10%; 0% for governments, local authorities and the Central Bank
Royalties and fees for technical services (Article 12)10% for both, with no make-available requirement
Permanent establishment (Article 5)Building or installation project over 12 months; no separate services PE day-count clause; agency PE
Independent personal services (Article 14)Taxable in the source state if the individual is present more than 183 days in any 12-month period
Capital gains (Article 13)Shares of an Indian company taxable in India
Anti-abuseMLI principal purpose test and simplified limitation on benefits apply; Indian GAAR also applies

Tax rates table

ArticleIncomeTreaty rate on payments from India to RussiaDomestic comparison and notes
Article 10Dividends10% of the gross amountDomestic rate on dividends to non-residents is about 20% plus surcharge and cess; beneficial owner must be subject to tax in Russia
Article 11Interest10% of the gross amount0% for the Government, political sub-divisions, local authorities and the Central Bank
Article 12Royalties, including computer software10% of the gross amountDomestic rate about 20% plus surcharge and cess
Article 12Fees for technical services10% of the gross amountNo make-available condition in the treaty text as summarised
Article 7Business profitsTaxed in India only to the extent attributable to a PENet basis for PE income
Article 13Capital gains on shares of an Indian companyTaxable in India12.5% on unlisted shares held more than 24 months under domestic law
Article 13Ships and aircraftTaxed only in the seller's residence stateCheck the article for scope
Article 15Salary of a Russian residentDay-count test; confirm conditions in the treaty textSee the employees guide

Permanent establishment (Article 5)

  • Fixed place: a branch, office, factory, workshop or place of management is a PE.
  • Building site or installation: a PE only if it lasts more than 12 months. Under the Protocol, qualifying turnkey projects can be dealt with by agreement between the tax authorities, with supervisory fees taxed at 10% on the gross amount.
  • Services: the treaty has no separate services PE clause based on day counts. Services are mainly caught as fees for technical services at 10% where they are technical, managerial or consultancy.
  • Dependent agent: an agent who habitually concludes contracts or secures orders can create a PE; the MLI modifies the agency wording.
  • Subsidiary: an Indian subsidiary is not by itself a PE of the parent, but it can become one if it acts as a dependent agent.

Share gains and exit

Gains on shares of an Indian company are taxable in India under Article 13, without a shareholding threshold. Under domestic law a long-term gain on unlisted shares held more than 24 months is taxed at 12.5% for a non-resident. See exit and restructuring.

Relief from double tax

Both countries use the credit method. The treaty's tax-sparing clause applied only for the first ten years it was in effect unless extended, so do not assume it applies today. Your Russian adviser should confirm the credit available in Russia against Russian tax on the same income.

Anti-abuse and the MLI

  • The treaty has no limitation on benefits article of its own, but the Multilateral Instrument adds a principal purpose test and a simplified limitation on benefits for Indian withholding from 1 April 2021.
  • India's General Anti-Avoidance Rule can also apply to arrangements whose main purpose is a tax benefit.
  • Real commercial reasons and substance in Russia matter, especially where the Russian company is held through another entity or has little activity.

How to claim treaty rates

  1. The Russian company obtains a tax residency certificate from the Federal Tax Service.
  2. It gives the Indian payer Form 41, the certificate and a self-declaration of beneficial ownership and no PE in India.
  3. The Indian payer deducts Withholding Tax at the treaty rate under Section 393 of the Income-tax Act, 2025, and deposits it by the 7th of the following month.
  4. The payer issues the certificate, which the Russian company uses to claim credit in Russia.

Disputes

The treaty provides for mutual agreement between the tax authorities; confirm the procedure and time limits in the text. Keep transfer pricing files in both countries aligned. See transfer pricing.

Official sources

Check the rules at the primary sources: Income Tax Department (India), Reserve Bank of India, Ministry of Corporate Affairs, Federal Tax Service (Russia), Bank of Russia and the Ministry of External Affairs (India).

Frequently asked questions

Is there a tax treaty between India and Russia?

Yes. It was signed on 25 March 1997 and entered into force on 11 April 1998.

What is the Indian withholding tax on dividends paid to a Russian parent?

10% of the gross amount under the treaty if the beneficial owner is taxable in Russia and the paperwork is in place. The domestic rate is about 20% plus surcharge and cess.

What are the treaty rates on interest, royalties and technical fees?

10% each, with 0% interest for governments, local authorities and the Central Bank.

When does a Russian company have a permanent establishment in India?

Through a fixed place, a building or installation project over 12 months, or a dependent agent. The treaty has no separate day-count services PE clause.

Are gains on Indian shares taxable in India for a Russian seller?

Yes. Article 13 allows India to tax gains on shares of an Indian company.

Does the MLI affect the treaty?

Yes. Both countries are covered parties, and the principal purpose test applies to Indian withholding from 1 April 2021.

What documents prove treaty eligibility?

A tax residency certificate from the Russian Federal Tax Service, Form 41 and a declaration of beneficial ownership and no PE.

Does the treaty remove sanctions risk?

No. It deals only with tax. Sanctions and banking questions are separate.

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 Russian rules change often; confirm current requirements before acting.

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