For a non-resident earning only dividend income, the basic exemption limit is not available. Even one rupee of dividend income earned by a non-resident is fully taxable without providing the benefit of basic exemption limit.
Now, under the Income Tax Act, 1961, dividend income of a non-resident is taxed at a special rate of 20% plus applicable surcharge [capped at 15%] and cess at 4%.
Companies would generally withhold tax on such dividend income at the rate of 20% plus surcharge [if applicable] and cess even if one rupee is paid as dividend to non-residents.
So, if tax is fully withheld, there will not be any payment to be made or refund to be claimed in the ITR and only ITR filing would suffice.
Now, under most of the DTAAs that India has entered into with other countries, the rate of tax on such dividend could be either 10% or 15% depending upon the tax treaty. This is a flat rate without levying any additional surcharge or cess.
A non-resident taxpayer can avail the lower rate of tax on dividends [10% or 15%, or any other rate as provided in the DTAA] vis-à-vis the higher rate of 20% plus surcharge [if applicable, capped at 15%] and cess of 4% as provided under the Act.
In order to avail the DTAA benefit, a non-resident taxpayer will need to furnish a TRC as well as a Form 10F, depending on what information is mentioned in TRC.
In case TRC and related documents are furnished to the company paying the dividend, it may consider the lower rate of withholding tax as prescribed under the tax treaty instead of 20% plus surcharge and cess as prescribed under the Act.
If DTAA rate is not considered by the company and tax is withheld under the Act at 20% plus applicable surcharge and cess, then the taxpayer may, at the time of filing the ITR, avail the lower rate of tax on dividends as prescribed under the DTAA and claim a refund of the excess taxes withheld by the company. TRC and related documents would be necessary to claim DTAA benefit.
Trust the above clarifies the tax implications in respect of dividend income of a non-resident.