I am an individual residing in India and will be filling form W8-BEN, in which I need help in filling the section
PartII: Claim of Tax Treaty Benefits (Point 9 and 10):
However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident, and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed :
(a) 15 percent of the gross amount of the dividends if the beneficial owner is a company which owns at least 10 percent of the voting stock of the company paying the dividends;
(b)25 per cent of the gross amount of the dividends in all other cases.
So do I need to mention withholding rate as
25% and claim it back under DTAA while filing income tax return in India ? Or can I write tax withholding as
0% since I will anyway pay taxes in India as per income slab rate ?