(NEW DELHI, INDIA) — India and France signed an Amending Protocol on February 23, 2026, to change their 1992 Double Taxation Avoidance Convention (DTAC) and give the source country full taxing rights on capital gains from the sale of shares.
The shift means India taxes gains from sales of Indian company shares by French residents, regardless of shareholding threshold, under a source-based approach in which the source country is where the company is resident.
Ravi Agrawal, Chairperson of the Central Board of Direct Taxes (CBDT), signed the protocol for India in New Delhi, while Thierry Mathou, Ambassador of France to India, signed for France during the French President’s visit.
The agreement updates the India–France DTAA framework at a time when countries have moved toward tightening rules on cross-border structures, including through standards linked to OECD BEPS.
Alongside capital gains, the protocol changes withholding tax rules for dividends, removes a treaty clause that had triggered disputes, and adjusts definitions and enforcement tools that matter for companies with activity in both countries.
For investors, the deal adds clarity on who taxes what, but it also changes the economics of French participation in Indian equities by ending prior exemptions in certain cases and by shifting capital gains to source-based taxation.
Under the capital gains change, the protocol allocates full rights to the resident jurisdiction described as the source country, ending prior exemptions for French residents on Indian equity shares.
The provision secures India’s ability to tax gains connected to Indian companies and aligns with India’s source-based taxation policy, as set out in the protocol’s approach to where the company is resident.
The agreement also seeks to address structures highlighted in litigation, including the Supreme Court case on Tiger Global’s 2018 Flipkart share sale.
Dividend taxation changes as well, replacing a uniform 10% withholding tax with a two-tier structure that applies different rates based on ownership.
Shareholders holding at least 10% of capital face a 5% withholding tax rate, while others face 15%.
That structure may favor long-term foreign direct investment by larger shareholders, while raising the cost of dividend flows for those below the 10% threshold.
Another change removes the Most-Favoured-Nation (MFN) Clause from the treaty text as part of the India–France DTAA update.
The protocol deletes the MFN Clause to resolve interpretational disputes and to prevent automatic extension of benefits from India’s treaties with other OECD countries.
The agreement also revises the treatment of certain cross-border payments through its approach to Fees for Technical Services (FTS).
Under the protocol, the FTS definition aligns with the India-US DTAA for consistent interpretation, a move aimed at reducing uncertainty over how services and technical payments fit within treaty rules.
Rules on what creates taxable presence also widen, as the protocol expands the definition of Permanent Establishment (PE).
The expansion includes a Service PE provision that taxes service providers based on time spent in the source country, even without a fixed base.
That addition can matter for service-heavy business models, including advisory and technical work performed through travel or short-term deployments.
Tax administrations also gain stronger cooperation tools under the Amending Protocol, as it enhances Exchange of Information and Assistance provisions.
The protocol adds a new article on tax collection assistance and incorporates BEPS Multilateral Instrument (MLI) elements, reflecting an effort to align bilateral rules with international standards.
The agreement’s legal effect still depends on steps that come after signing.
The amendments take effect after both countries complete domestic ratification procedures and agree on terms.
As of February 23, 2026, internal ratification processes are pending, and the protocol text is not publicly available.
Until those steps are completed, businesses and investors may focus on the broad direction of the changes rather than on drafting details, given that the text has not been released.
In practical terms, the biggest market-facing change lies in capital gains and the reaffirmation of source country taxing rights for share sales connected to companies resident in that jurisdiction.
By granting the source country full taxing rights on capital gains from the sale of shares, the protocol positions India to tax gains on Indian company shares sold by French residents.
That approach matches India’s policy preference for source-based taxation and reduces reliance on exemptions that can shape how investors route transactions.
The Tiger Global and Flipkart reference underscores why share-sale taxation has carried weight in India’s treaty policy debates.
While the protocol does not detail that case in the signing announcement, it cites the Supreme Court case on Tiger Global’s 2018 Flipkart share sale as an example of structures the change seeks to address.
The revised dividend withholding structure adds another layer that can influence how French capital engages with Indian companies.
A 5% rate for shareholders holding at least 10% of capital sets a lower rate for larger, longer-term positions compared with the 15% rate for others.
By contrast, investors who do not meet the 10% threshold face a higher rate than the earlier uniform 10% withholding tax.
Removing the MFN Clause may also reshape expectations about how the India–France DTAA evolves over time.
The MFN mechanism had been tied to interpretational disputes, and its deletion aims to prevent automatic extension of benefits that may arise when India signs other treaties with OECD countries.
For multinational groups managing tax positions across jurisdictions, that change can reduce the ability to anticipate treaty benefits based on third-country developments.
Adjustments to FTS and PE add compliance and planning implications that go beyond portfolio investment.
Aligning the FTS definition with the India-US DTAA aims at consistent interpretation, which can affect whether certain service-related payments fall within a category subject to withholding and treaty limitations.
The Service PE addition reaches service providers who spend time in the source country, even when they do not operate from a fixed base.
In sectors where staff rotate frequently across borders, time-based thresholds can become central to determining when a foreign enterprise faces taxation in the source country.
Enforcement and cooperation provisions broaden as well, with enhanced exchange of information and a new tax collection assistance article.
The inclusion of BEPS Multilateral Instrument (MLI) elements signals that the two countries want their bilateral framework to reflect international approaches to curbing evasion.
For tax authorities, stronger information exchange can support audits and risk assessment in cross-border cases.
For companies, the same provisions can translate into greater documentation expectations and greater attention to how transactions are reported in both jurisdictions.
Taken together, the protocol’s changes point to a rebalancing toward clearer source country taxing rights, coupled with updated definitions and administrative cooperation tools.
Supporters of the changes have framed them as a way to improve certainty and reduce disputes, while also reinforcing the ability to tax transactions tied to the jurisdiction where value is connected.
The announcement also highlighted potential trade-offs for market participants.
On capital gains, the move may deter French foreign portfolio investors (FPIs) due to source-based capital gains tax, even as it offers a clearer line on which country taxes gains from Indian shares.
On dividends, the split rates may make longer-term, larger holdings more attractive than smaller holdings, given the 5% rate for those at or above the 10% threshold.
Abheet Sachdeva, Partner – M&A Tax at Nangia Global, was cited among experts who note the protocol secures India’s revenue but impacts FPIs.
Beyond investor behavior, the stated broader aim of the protocol is to boost investment, technology transfer, and personnel mobility while curbing evasion and aligning with OECD BEPS standards.
That framing links the India–France DTAA changes to a wider push in many treaties to tighten definitions, increase transparency, and reduce the scope for mismatches between domestic tax rules and treaty outcomes.
The protocol’s next milestone will come when both sides complete ratification and agree on terms so the amendments can take effect.
With the protocol text not publicly available as of February 23, 2026, businesses and investors will watch for the release of the final wording to understand how the new India–France DTAA rules apply across transactions, dividends, services, and taxable presence.
India–france DTAA Amending Protocol Grants Source Country Tax on Gains
India and France have revised their bilateral tax treaty to strengthen source-based taxation. The new protocol gives India full rights to tax capital gains from Indian share sales by French residents. It also introduces tiered dividend withholding rates and removes the Most-Favoured-Nation clause to prevent automatic benefit extensions. These measures align the treaty with OECD BEPS standards to improve transparency and reduce cross-border tax litigation.
