I live in the USA — how do I claim DTAA benefit on my Indian income?

Short answerGive the Indian payer (bank or company) your US Tax Residency Certificate, an online Form 10F and your PAN, so they deduct TDS at the India-US treaty rate instead of the full Indian rate. For any Indian tax you still pay, you claim a foreign tax credit on your US return.

Lower Indian TDS at source

The India-US treaty caps Indian tax on income like interest and dividends. To get the lower rate, give the Indian bank or company your US TRC (Form 6166 from the IRS), Form 10F, and your PAN. Otherwise they deduct at the full Indian rate and you reclaim later.

Then relieve it in the US

Income India is entitled to tax — for example Indian dividends or rent — is also reportable in the US, but you claim a US foreign tax credit for the Indian tax paid, so you are not taxed twice. Keep your Indian TDS certificates as proof.

A worked example

Example: you earn ₹4 lakh of Indian dividends. With your TRC and Form 10F, the company withholds at the treaty rate rather than the higher domestic one. You then report the dividend on your US return and offset the Indian tax via the foreign tax credit. Treaty rates and US rules differ by income type — confirm both sides. A practical point for US residents: India’s financial year (April–March) and the US calendar year do not line up, so matching Indian tax to the right US return takes care, and you may need to keep records that bridge the two years. Capital gains on Indian property or shares are generally taxable in India first, with the US giving credit — not the other way round. Our NRI tax service handles the Indian side.

Talk to CA Vijay R Singh

In the US and want to stop double tax on Indian income? You can message him directly, or book a short call to talk through your situation.

This answer is general information for NRIs, not tax advice. Tax rates, thresholds and forms change with each Finance Act — please confirm the current position for your own facts, or speak to us, before acting.

© 2026 Vijay R Singh & Co., Chartered Accountants | FRN 136869W | M.No. 153926 | +91 98607 23959 | info@cavijaysingh.com | Andheri East, Mumbai 400069

Book a Call