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Guide3 min readPublished

Royalty and technical fee payment audit: arm's-length and withholding checks

How a statutory auditor tests royalty and technical fee payments to a related party: recomputing the agreed rate against the agreement terms, benchmarking against industry norms, and testing withholding tax under section 195 or the applicable DTAA.

A royalty and technical fee payment audit recomputes the amount paid against the formula actually specified in the licence or technical assistance agreement — typically a percentage of net sales, gross sales, or a fixed fee — confirms the royalty rate itself is consistent with industry benchmarks or a transfer pricing study where the payment is to a related party, and separately tests whether withholding tax was correctly deducted under section 195 at the rate prescribed under the Income Tax Act or the lower rate available under the applicable Double Taxation Avoidance Agreement, supported by a valid Tax Residency Certificate and Form 10F from the recipient for the year of payment.

Recomputing the payment against the agreement

  • Obtain the current licence or technical assistance agreement and confirm the rate and base used in the computation — royalty is usually computed on net sales after specified deductions, and an error in what is netted off before the rate is applied is a common source of overstatement or understatement.
  • Check for any agreement amendment during the year, and confirm the payment was computed on the correct rate for the correct period if the rate changed mid-year.
  • Where the royalty is capped under the agreement or under any regulatory limit applicable to the sector, confirm the computed amount does not exceed the cap.

Arm's-length benchmarking and withholding tax

Royalty and technical fee audit checks
CheckEvidenceWhat it catches
Rate benchmarkingTransfer pricing study, industry comparable dataA royalty rate set well above what unrelated licensors charge for comparable technology or brand use
Base computation accuracySales register, agreement's definition of the royalty baseIncorrect deductions taken before applying the rate, understating or overstating the base
Withholding tax rateSection 195 computation, DTAA rate if claimedDomestic rate applied when a lower DTAA rate was claimed without the supporting TRC, or vice versa
Grossing-up treatmentAgreement terms on tax responsibility, tax computationIncorrect grossing-up calculation when the agreement requires the payer to bear the withholding tax
Royalty and technical fee audit checks

Regulatory requirement

Withholding tax on royalty and technical fee payments to a non-resident is governed by section 195 of the Income Tax Act, with the rate subject to reduction under an applicable DTAA where the recipient furnishes a valid Tax Residency Certificate and Form 10F. Confirm the current rates and conditions before relying on a prior year's withholding treatment.

How we think about this

Recomputing a royalty formula against the agreement and checking a withholding rate against a published DTAA table are both exact, rule-based calculations that software should get right every time. Whether the rate itself, as negotiated, reflects what an unrelated party would actually pay for the same technology is the judgement a benchmarking study and the auditor's own scepticism need to supply.

This is practical guidance written for audit teams, not an authoritative statement of any standard or statute. Standards, forms and timelines change. Check the current text issued by the ICAI and the relevant authority before relying on anything here in an audit file.

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