Can profits be repatriated as dividends from an India subsidiary without RBI approval?
Dividend repatriation on equity investment falls under the automatic route, meaning no case-by-case RBI approval is typically needed for the transfer itself, provided the original investment was FEMA-compliant. What does apply is Indian withholding tax on the dividend at the time of payment — the rate depends on the tax treaty between India and the recipient's jurisdiction, and on meeting that treaty's own requirements (such as a Tax Residency Certificate and Form 10F).
The practical planning question isn't usually "can we repatriate" — it's "at what withholding rate," which is where jurisdiction choice and treaty compliance genuinely matter.
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