Treaties: tax and social security

India-Japan Tax Treaty and Social Security Agreement: The Complete Guide for Japanese Companies and Expats

By Abhishek Jaiin, Chartered Accountant (ICAI membership no. 544646), AU Corporate · Last updated 20 October 2026

Short answer

India and Japan have both a tax treaty (DTAA) and a social security agreement. The treaty caps Indian Withholding Tax at 10% on dividends, interest, royalties and fees for technical services paid to a Japanese parent, and relieves double tax on expats. The social security agreement lets a Japanese employee sent to India stay in the Japanese pension system for an initial five years and avoid Indian provident fund contributions, if the right certificate is in place.

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

Key facts

Tax treatyConvention between India and Japan for the avoidance of double taxation; covers income taxes, not social security contributions
Treaty rate caps10% on dividends, interest, and royalties and fees for technical services (Articles 10, 11 and 12)
Indian law behind itSection 159 of the Income-tax Act, 2025 (previously Sections 90 and 90A of the 1961 Act): treaty applies where more beneficial
Social security agreementAgreement between Japan and India on Social Security, in force since 1 October 2016; covers pensions (Japan: National Pension and Employees' Pension Insurance; India: EPS and EPF)
Detached worker periodInitially five years, with extensions possible by agreement of both countries' institutions
Proof neededJapanese certificate of residence (tax) and a Certificate of Coverage (social security)

What this guide covers

QuestionGuide
How does the India-Japan tax treaty work?India-Japan tax treaty (DTAA) explained
What Withholding Tax rate applies to payments to Japan?Treaty withholding rates
What documents do we need to claim treaty rates?Claiming treaty benefits: certificate of residence and Form 41
Which country taxes our expat and how is double tax relieved?Tax residency for Japanese expats in India
How does the Japan-India social security agreement work?Japan-India Social Security Agreement
Does a Japanese expat have to contribute to Indian provident fund?EPF for international workers
What happens to Japanese social insurance when someone is sent to India?Japanese social insurance for expats in India
Where are the quick answers?Treaty and social security FAQs

Two instruments, two sets of conditions

The tax treaty and the social security agreement are separate. The tax treaty reduces income tax at source and relieves double taxation. The social security agreement covers pension contributions and benefits only. Neither replaces the other, and each has its own paperwork: a certificate of residence from the Japanese tax office for the treaty, and a Certificate of Coverage for the social security agreement.

The social security agreement covers pension systems. Japanese health insurance, and the Indian ESI scheme, are outside it. Confirm the position for each benefit before an assignment.

A practical path for a Japanese company

  1. Payments to the parent. Obtain the Japanese certificate of residence and prepare Form 41 (previously Form 10F) before the first dividend, fee or royalty. See claiming treaty benefits.
  2. Rates. Confirm the 10% treaty rate and the category of each payment before remitting. See withholding rates.
  3. People. Decide who employs each expat. A secondment that keeps the employment relationship with the Japanese parent is what the detached worker rule is built for.
  4. Social security. Apply for the Certificate of Coverage before departure and give a copy to the Indian payroll. See the agreement.
  5. Permanent establishment. Review whether expats or local staff create a taxable presence for the parent. See treaty and PE risk.

Who this is for

  • Japanese companies with an Indian subsidiary that pay dividends, service fees, royalties or interest back to Japan.
  • HR and finance teams sending Japanese employees to India on assignment (haken or shukko).
  • Japanese founders and managers relocating to India to run the subsidiary.

The guides in this series

The India-Japan Tax Treaty (DTAA) Explained: Scope, Residency and Relief from Double Tax

How the India-Japan tax treaty works: who qualifies, taxes covered, treaty versus domestic law, residency, relief from double tax and disputes.

Read the guide →

India-Japan DTAA Withholding Tax Rates: Dividends, Interest, Royalties and Fees for Technical Services

Treaty rates for payments from India to Japan: 10% on dividends, interest, royalties and fees for technical services, against 20% domestic rates.

Read the guide →

How to Claim India-Japan Treaty Benefits: Certificate of Residence, Form 41 and Beneficial Ownership

Documents a Japanese company needs to claim India-Japan treaty rates: certificate of residence, Form 41 (previously Form 10F) and no-PE declaration.

Read the guide →

Tax Residency for Japanese Expats in India: Residency Tests, Treaty Rules and Double Tax Relief

Which country taxes a Japanese expat in India: Indian residency tests, Japanese residency, treaty tie-breaker, the 183-day rule and foreign tax credit.

Read the guide →

The Japan-India Social Security Agreement: Detached Workers, Certificate of Coverage and Totalization

How the Japan-India Social Security Agreement works: detached workers, five-year coverage, Certificate of Coverage, pension systems covered and totalization.

Read the guide →

EPF for International Workers in India: What Japanese Expats and Their Employers Must Know

How Indian provident fund applies to foreign nationals: international worker rules, no wage ceiling, the Japan agreement exclusion and the 2026 EPF Scheme.

Read the guide →

Japanese Social Insurance for Employees Sent to India: Pension, Health and Employment Insurance

What happens to Japanese pension, health and employment insurance when an employee is sent to India: the Certificate of Coverage and who pays what.

Read the guide →

What this means for a Japanese parent

  • Treat treaty paperwork and expat structuring as two workstreams with two owners. The first sits with finance, the second with HR and tax together.
  • Ask your Japanese tax adviser (zeirishi) to confirm the Japanese side of every point here. Japanese tax and social insurance are outside AU Corporate's practice.

Mistakes to avoid

  • Sending an expat without a Certificate of Coverage and then discovering Indian provident fund applies.
  • Remitting to the parent before treaty documents are in place.
  • Assuming the agreement covers health insurance.
  • Moving the employee onto the Indian subsidiary's payroll and losing the detached worker position.

How AU Corporate handles this

We handle Withholding Tax and treaty claims on remittances, and we structure and run expat payroll, provident fund and tax filings in India.

Related services: Taxation and regulatory services · HR and payroll

Official sources

Rules on this page can be verified at the primary sources: the Income Tax Department, Japan's National Tax Agency, the Japan Pension Service and the Employees' Provident Fund Organisation.

Frequently asked questions

Does India have a tax treaty with Japan?

Yes. The India-Japan double taxation avoidance agreement (DTAA) covers income tax and caps Indian Withholding Tax at 10% on dividends, interest, royalties and fees for technical services.

Is there a social security agreement between India and Japan?

Yes. The Agreement between Japan and India on Social Security has been in force since 1 October 2016. It covers pension systems and allows detached workers to stay in their home system.

Does the tax treaty cover social security contributions?

No. The treaty covers income taxes. Social security contributions are handled by the separate social security agreement.

Can a Japanese expat avoid Indian provident fund?

Yes, if the person is a detached worker covered by the Japan-India agreement and holds a valid Certificate of Coverage. Without it, the Indian international worker rules can apply.

How long can a Japanese employee stay in the Japanese pension system while in India?

The initial detachment period is five years. Longer periods are possible if the institutions of both countries agree.

Does the agreement cover Japanese health insurance?

No. It covers pensions. Health insurance is outside the agreement, so confirm the position separately.

Which Indian section gives effect to tax treaties now?

Section 159 of the Income-tax Act, 2025 (previously Sections 90 and 90A of the 1961 Act). A treaty applies where it is more beneficial to the taxpayer.

Where should a Japanese company start?

With the payments to the parent: obtain the Japanese certificate of residence and Form 41 before the first remittance. Then plan expat employment and the Certificate of Coverage.

Do these rules change often?

Yes. Rates, forms and provident fund rules change, and the Income-tax Act, 2025 has renamed many sections and forms. Confirm current rules before acting.

Are there more answers on this topic?

Yes. See the dedicated treaty and social security FAQ page, which answers 50 questions.

Treaty and social security FAQs →50 plain answers on the India-Japan tax treaty, withholding rates, expat tax and the social security agreement.

Sources

← Back to the complete guide

Last updated 20 October 2026. General information only, not legal or tax advice. Indian rules change often; confirm current requirements before acting.

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