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Spain โ€“ India Tax Treaty

The Spain-India tax treaty caps withholding on dividends at 15%, and interest at 15%. Royalties are taxed at a uniform 10% across all categories. Private pensions are taxable only in the country of residence, with no withholding at source. This is one of 40 active treaties in Spain's network and one of 48 in India's. The general dividend rate of 15% compares to a median of 15% across Spain's network and 10% across India's.

Verified data

CBDT DTAA Collection (incometaxindia.gov.in) (Treaty list verified April 2026)

Withholding Rate Summary

Source: India Treaty Reference
Income TypeTreaty RateStatutory Rate (India)
Dividends (general)

Portfolio investors

15%saves 5%20%
Dividends (qualified)

Beneficial owner is a company holding >= 10% of voting stock

15%saves 5%20%
Interest

Bank interest, bonds, loans

15%saves 5%20%
Royalties (avg)

Patents, copyright, know-how, film/TV

10%โ€”
Pensions

Private pension distributions

0%โ€”
Social Security

Government social security benefits

0%โ€”

โ€œTreaty Rateโ€ is the maximum withholding permitted under this treaty. The actual effective rate may be lower if domestic law provides a more favorable rate independently. โ€œStatutory Rate (India)โ€ shows the rate that applies when no treaty benefit is claimed. Qualified dividend rate requires: Beneficial owner is a company holding >= 10% of voting stock.

Dividends
General Rate15%saves 5% vs statutory
Qualified Rate15%saves 5% vs statutory
Statutory Rate20%without treaty

The general dividend rate of 15% applies to portfolio investors. A reduced rate of 15% is available when beneficial owner is a company holding >= 10% of voting stock. Without the treaty, the statutory withholding rate on dividends is 20%.

Source: India Treaty Reference

Interest
Treaty Rate15%saves 5% vs statutory
Statutory Rate20%without treaty

Interest payments (bank interest, bonds, loans) are subject to 15% withholding under this treaty, compared to the 20% statutory rate. This represents a 5% reduction from the statutory rate.

Source: India Treaty Reference

Royalties
Know-how10%
Patents10%
Film & TV10%
Copyright10%

Royalty withholding rates vary by the type of intellectual property. This treaty distinguishes 4 categories, with rates ranging from 10% to 10%.

Source: India Treaty Reference

Pensions & Social Security
Pensions0%exempt at source
Social Security0%exempt at source

Private pension distributions are taxable only in the country of residence, with no withholding at source. Government social security benefits are exempt from source-country withholding.

Source: India Treaty Reference

Comparative Context

๐Ÿ‡ช๐Ÿ‡ธSpain's Network

Among Spain's 40 active treaty partners, the 15% general dividend rate ranks 23th (median: 15%).

PartnerRate
Hungary15%
Indonesia15%
Ireland15%
India (this treaty)15%
Italy15%
Japan15%
South Korea15%

๐Ÿ‡ฎ๐Ÿ‡ณIndia's Network

Among India's 48 active treaty partners, the 15% general dividend rate ranks 33th (median: 10%).

PartnerRate
Germany15%
Denmark15%
Egypt15%
Spain (this treaty)15%
United Kingdom15%
Greece15%
Indonesia15%

Frequently Asked Questions

What is the dividend withholding rate under the Spain-India tax treaty?
The general dividend withholding rate is 15%. A reduced rate of 15% applies when beneficial owner is a company holding >= 10% of voting stock. Without the treaty, the statutory rate is 20%. Source: India Treaty Reference.
What is the interest withholding rate between Spain and India?
The treaty rate on interest is 15%, compared to the 20% statutory rate. Source: India Treaty Reference.
How are pensions taxed under the Spain-India treaty?
The treaty withholding rate on pensions is 0%. Source: India Treaty Reference.

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