Royalty, Technology, Software and Cloud Payments Abroad
FEMA lets the client pay almost any royalty, licence fee, SaaS subscription or technical fee abroad without approval. The work is in the Income-tax Act: whether the payment is royalty, fees for technical services or neither, which treaty applies and at what rate, what Forms 145 and 146 must say, and, for group royalties, transfer pricing, GST reverse charge and the related-party approvals under the Companies Act.
- 5 pages
- 97
- Word and PDF
- 16 September 2026
The 3 formats inside
- 1Withholding file note, software, SaaS or cloud payment to a non-residents.393(2) · s.159 · Rule 220 · ITA 2025On its own₹149
- 2Royalty and technology agreement, FEMA, tax and GST clause setCAT Rules 2000 · ITA 2025 · IGST ActOn its own₹149
- 3Audit Committee and Board resolutions, royalty agreement with the foreign parentCompanies Act 2013 ss.177 and 188On its own₹149
Read the opening
The first part of “Withholding file note, software, SaaS or cloud payment to a non-resident”, as it downloads. Blanks are highlighted.
Internal file note supporting Form 145 / Form 146 — to be completed before the certificate is signed
WITHHOLDING FILE NOTE
Particulars | Details |
|---|---|
Payer (name, PAN, TAN) | [____] |
Payee (name, country of residence, PAN / TIN) | [____] |
Related party? | [Yes — relationship / No] |
Agreement (title, date, term) | [____] |
Invoice no., date, amount, currency | [____] |
Date of credit in books; proposed date of payment | [____] |
Tax year | [2026-27] |
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