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In today’s globalized business environment, Indian companies frequently collaborate with foreign entities for access to technology, expertise, and specialized services. Such cross-border transactions often involve royalty payments and fees for technical services (FTS).

Under the Income Tax Act, 1961, particularly Section 9(1)(vi) and Section 9(1)(vii), these payments are deemed to accrue or arise in India if they are made by:

This makes them subject to Indian taxation, irrespective of where the payment is made.


🔑 What is Royalty?

Royalty refers to payments made for the use of:

💡 Example: An Indian software company paying license fees to a US company for using its patented software.


🔑 What are Fees for Technical Services (FTS)?

FTS refers to payments made for:

💡 Example: An Indian manufacturing company engaging a German consultant for setting up advanced machinery.


📊 Taxability of Royalties and FTS in India

  1. Deemed Accrual in India
    If the service or right is utilized in India, the income is taxable in India even if paid abroad.

  2. Withholding Tax
    As per Section 195, tax must be deducted at source (TDS) before making payments to non-residents.

  3. Applicable Tax Rates

  4. Relief Under DTAA
    Double Tax Avoidance Agreements (DTAAs) signed between India and various countries can provide tax relief and avoid double taxation.


⚖️ Practical Challenges


🤝 How We Can Help

At Kartik M Jain & Associates, Chartered Accountants, we provide expert guidance on:
✅ Structuring cross-border contracts to ensure tax efficiency
✅ DTAA interpretation and application of concessional tax rates
✅ TDS compliance, Form 15CA/CB certification
✅ Advisory and representation before tax authorities

Our team ensures your business remains compliant while minimizing unnecessary tax burdens.


✅ Conclusion

Royalties and Fees for Technical Services form a significant part of cross-border taxation in India. Businesses must ensure proper compliance with Section 9, TDS rules, and DTAA provisions to avoid penalties and litigation. Professional advice is the key to optimizing tax efficiency while staying compliant.