Exemptions for a Trust
Income of a charitable and religious trust is exempt from tax subject to certain conditions.
The exemptions are provided to the trusts under various provisions, inter-alia, Section 10,
Section 11, etc. Some of the exemptions allowed to a trust are as under:
- Section 11 provides exemption for income derived from property held under trust
wholly for charitable or religious purposes to the extent such income is applied for
charitable or religious purpose in India. However, this exemption shall be subject
to certain conditions.
- In view of Section 12, income in the form of voluntary contributions received by a
trust created wholly for charitable or religious purposes or by an institution
established wholly for such purposes shall also be exempt from tax (subject to
certain conditions).
- Any voluntary contributions received by an electoral trust shall not be included in
its total income (subject to certain conditions).
- Income of an educational institute is subject to exemption under Sections
10(23C)(iiiab)/(iiiad)/(vi).
- Income of a hospital or other institution shall be eligible for exemption if it
satisfies the conditions prescribed under Sections 10(23C)(iiiab)/(iiiad)/(vi).
Some Additional Certificates:
80G Certificate
The 80G Certificate exempts the individuals who have made donations to the charitable trusts
or the Section 8 Company fully or partially from paying the taxes. For example, a charitable
organizations or trust that is registered under 12A allows an individual to avail tax
exemption under Section 80G.
There is a maximum allowable deduction criterion. If the amount donated exceeds 10% of the
total gross income, then the excess amount will not qualify for tax benefits.
Who can avail tax savings under 80G?
An individual who makes an eligible donation is entitled to avail tax exemption under the
80G.
Donations that are made to a listed trust and organizations only qualify for deduction u/s
80G.
Who cannot avail of tax savings under section 80G?
If the donation is made to a foreign trust, you cannot qualify for tax saving under section
80G.
The deduction cannot be claimed if the donations are made to one or more political parties.
The deduction cannot be claimed even for printing or publishing brochures, flyers, and
pamphlets.
Donations by NRI if made to eligible institutions and trusts also qualify for tax exemptions
under section 80G.
If the donation is made from individual’s salary and if the donation receipt carries the name
of the employer, then employees can claim under Section 80G.
Donations Eligible for 100% Deduction Without Qualifying Limit
- National Defence Fund set up by the Central Government
- Prime Minister’s National Relief Fund
- National Foundation for Communal Harmony
- An approved university/educational institution of National eminence
- Zila Saksharta Samiti constituted in any district under the chairmanship of the
Collector of that district
- Fund set up by a State Government for the medical relief to the poor
- National Illness Assistance Fund
- National Blood Transfusion Council or to any State Blood Transfusion Council
- National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation, and Multiple Disabilities
- National Sports Fund
- National Cultural Fund
- Fund for Technology Development and Application
- National Children’s Fund
- Chief Minister’s Relief Fund or Lieutenant Governor’s Relief Fund with respect to
any State or Union Territory
- The Army Central Welfare Fund or the Indian Naval Benevolent Fund or the Air Force
Central Welfare Fund, Andhra Pradesh Chief Minister’s Cyclone Relief Fund, 1996
- The Maharashtra Chief Minister’s Relief Fund during October 1, 1993 and October 6,
1993
- Chief Minister’s Earthquake Relief Fund, Maharashtra
- Any fund set up by the State Government of Gujarat exclusively for providing relief
to the victims of the earthquake in Gujarat
- Any trust, institution or fund to which Section 80G(5C) applies for providing relief
to the victims of the earthquake in Gujarat (contribution made during January 26,
2001, and September 30, 2001) or
- Prime Minister’s Armenia Earthquake Relief Fund
- Africa (Public Contributions – India) Fund
- Swachh Bharat (applicable from FY 2014-15)
- Clean Ganga Fund (applicable from FY 2014-15)
- National Fund for Control of Drug Abuse (applicable from FY 2015-16)
Donations Eligible for 50% Deduction Without Qualifying Limit
- Jawaharlal Nehru Memorial Fund
- Prime Minister’s Drought Relief Fund
- Indira Gandhi Memorial Trust
- Rajiv Gandhi Foundation
How to obtain an 80G Certificate?
Registration under this section will be processed by the commissioner of Income-tax after
receiving an application from the applicant in Form 10 G. The application should be
accompanied by the following documents.
- Registration Certificate
- MOA /Trust Deed
- NOC from the proprietor of the land where the registered office is situated.
- Copy of the Pan Card of the Trust/Institution.
- Copy of electricity bill, house tax receipt, or water bill
- Proof of welfare activities pursued
- Progress Report since the Foundation of the NGO or for the previous three years
- The statement of accounts and balance sheet since the foundation/previous three
years
- List of contributors along with their address and PAN.
- List of the governing body of trustees with their contact details
- Copy of registration granted under section 12A or copy of notification issued under
section 10(23)or section 10(23C)
Procedure of 80G Registration
Registration under this section will be processed by the Commissioner of Income Tax after
receiving an application FORM.
- Log on to the E-filing portal of IT department
- Go to “Income Tax Forms”
- Select the Form Name as “Form 10A”
- Select the option of “Prepare and Submit Online” in submission mode.
- Fill in the details as required in the form and attach the required and applicable
attachments.
- Submit the form using digital signatures or EVC as required while return filing.
12A Registration
The Income Tax Department grants 12A registration, one-time registration to trusts and other
non-profit organizations. The 12A registration aims at exempting from the payment of income
tax.
Immediately after incorporation, generally, an application for 12A registration is made.
Trusts and NGOs which have obtained 12 registrations enjoy exemption from paying taxes on
their surplus income. All entities can get 12A registration.
Benefits of 12A registration
The key benefit of 12A registration is the income tax exemption benefit concerning income
utilization. For instance, all money utilized by a 12A registered entity for
charitable/religious purposes will be considered an income application.
If the organization is registered under Section 12A, it becomes eligible to receive grants
from Government and various private sectors.
Organizations registered under 12A are also eligible for availing benefits under Section 80G.
NGOs have to apply separately for 80G registration.
Procedure of Application
In order to claim exemption, an NGO should make an application to the Principle Commissioner
or Commissioner of Income Tax online in Form 10A by following below mentioned steps: –
- Log on to the E-filing portal of IT department
- Go to “Income Tax Forms”
- Select the Form Name as “Form 10A
- Select the option of “Prepare and Submit Online” in submission mode.
- Fill in the details as required in the form and attach the required and applicable
attachments.
- Submit the form using digital signatures or EVC as required while return filing.
Documents required
- Self-certified copy of incorporation document of Trust/Societies
- Self-certified copy of registration with Registrar of Companies or Registrar of
Firms or societies or Registrar of Public Trusts, as the case may be
- Self-certified copy of registration under FCRA, if the applicant is registered under
such Act
- Self-certified copy of existing order of registration under section 12A or 12AA or
12AB, as the case may be
- In case of existing entities, copies of annual accounts for the period not exceeding
3 years immediately preceding the year in which the application is made
- Submit the form using digital signatures or EVC as required while return filing.
- Where the income of the entity includes profits and gains of business as per the
provisions of sub-section (4A) of section 11, copies of annual accounts and audit
report u/s 44AB for 3 years immediately preceding the year in which the said
application is made
- Self-certified copy of the documents evidencing adoption or modification of the
objects
- Notes on the activities of the applicant trust or institution
- If registered on DARPAN Portal, then details of such registration
Form 10A
Form 10A is a form which should be filed by entities which wish to make a registration under
Section 12A. The process for applying for Section 12A registration and the process of Form
10A filing has been made exclusively online. The process of making online filing is possible
only with a digital signature. For making an application under Section 12A, the digital
signature of the founder or author of the trust should be affixed. To obtain registration
under Section 12A, an application in Form 10A for registration of a charitable or religious
trust or institution can be made. The application should compulsorily be made in the online
mode. The application shall be addressed to the Commissioner of Income Tax along with the
necessary
FCRA Registration
The Foreign Contribution Regulation Act 2010 is called FCRA registration, which is necessary
to obtain charitable trusts, societies, Section 8 Company that receive foreign contribution
or donation.
The Objective of FCRA 2010
The main objectives of the FCRA Act 2021 are:
- Regulate the acceptance and utilization of foreign contribution by specific
individuals or companies.
- To restrict the acceptance and utilization of foreign hospitality or foreign
contribution for any activities that are unfavourable to national interest and for
matters related to in addition to that or incidental to it.
Procedure of Application
- The first step is the one where the online portal of FCRA needs to be accessed.
- Form FC – 3A (Application for FCRA Registration) or Form FC – 3B (Application for
FCRA Prior Permission) is to be clicked on, as the case may be.
- The webpage will next present the user with an option to apply online.
- Once the Apply Online option is selected, the next step is to create a username and
password by clicking on Sign Up.
- Once a username and a password have been created, and the message regarding the same
is displayed on the screen, the applicant may log in to the account.
- Once logged in, the I am applying for will have a dropdown list from which FCRA
Registration has to be chosen. Apply Online is to be selected next, following which
Proceed Registration has to be selected.
- Next, in the title bar, the FC-3 menu is to be clicked on to start the new
registration procedure.
- This gives way to the association form where the relevant details have to be entered
by the applicant along with the attachments containing the following documents: –
Darpan ID (not mandatory) – Association Address – Registration Number – Registration Date –
Nature of the Association – Main object of the Association Once these details are filled in
along with the attachments, the submit button is selected.
- Once all the Executive Committee details are entered in, the Save button must be
clicked on.
- Further, bank details will have to be provided, including bank name, account number,
IFSC code and address of the bank.
- Once the bank details are entered in, all the required documents are to be uploaded
in PDF format.
- The place and date need to be entered in next after which the final submission
button may be selected.
- The final step is to make the online payment by clicking on that particular button.
Once the payment is made and the form is submitted, no changes can be made to the
said form.
(Once the FCRA registration is granted, the validity is for a five-year period. Nevertheless, it
is to be noted that an application for the renewal of the FCRA registration has to be made 6
months prior to the date of expiry.)
Documents required
- Copy of registration certificate of society or trust deed as the case may be.
- Copies of the audited statements of accounts for the last three years.
- Copies of the annual report of last three years.
- Bank Details
- List of governing body
- Name
- Father’s Name
- Occupation
- Designation
- Address
- Name of the chief functionary and his mobile Number
- Telephone Number of the office
- Copy of PAN Card of The Society /Trust
NITI Aayog Registration
It is Mandatory for All NGO/VO/Trusts to get enrolled themselves on NITI Aayog site and get
Unique Id before getting any grant from Government Departments.
- Click on Login/Register Link and click on Sign up Option.
- Provide Name of NGO / VO, Contact Person Mobile Number and Contact Person Mail Id.
Put Security Code and Submit the request and after that provide PAN Detail of
NGO/VO.
- You will receive OTP on your given Mobile Number and Mail ID. After verification of
OTP, now generate Password for further Login Purpose.
- Now again come to Home page and use Sign In option for Login Purpose. Enter your
Login ID and Password.
- After Login, you will find PAN Number and Name of NGO/VO as pre-filled.
- Now provide the following details to proceed further:
- NGO Address
- NGO/VO Registration authority (Under which act NGO/VO is registered)
- Provide Registration Number and Upload RC Copy for Verification Purpose.
- Act Name and Date of Registration under this Act
- Now provide details of all other registration details, if registered like, FCRA
Registration, GST Registration etc.
- Provide at least 3 Members' details of Executive Committee/ Founder Members/ Office
Bearers as on date of Application.
- Provide details of all Sources of Funds received from Government bodies in the last
5 years.
- Provide detail of Key Person who can be contacted in case of any query.
- Now provide details relating to NGO/VO Core area of working with state detail. This
is a critical part because you will receive grants from Government Departments
according to their working area.
- When you provide all these details, your Profile is 100% Complete and then submit
the application.
- After submission of your application, your file is sent for processing to the
concerned officer.
- After verification of your documents, the officer will approve your application or
ask for another document if required.
- When your application is approved, you will be allotted a Unique ID, which will be
used in future for all correspondence with the Government.
- It will take approx 3–5 days for approval of your application.
Import Export Code
IEC (Import Export Code) is required by anyone who is looking to kick-start his/her
import/export business in the country. It is issued by the DGFT (Director General of Foreign
Trade). IEC is a 10-digit code which has lifetime validity. Predominantly importers merchant
cannot import goods without the Import Export Code and similarly, the exporter merchant
cannot avail benefits from DGFT for the export scheme, etc. without IEC.
Registration Process
- Application Form – First, you need to prepare an application form
in the specified format – Aayaat Niryaat Form ANF-2A format and file it with the
respective Regional office of DGFT.
- Documents – Secondly, you need to prepare the required documents
with respect to your identity & legal entity and address proof with your bank
details & the certificate in respect of ANF2A.
- Filing Application – Once your application is completed, you need
to file with DGFT via DSC (Digital Signature Certificate) and pay the required fee
for the IEC Registration.
- IEC Code – Finally, once your application is approved then you
would receive the IEC Code in a soft copy from the government.
Documents required
- Digital photograph (3x3) of the secretary/chief executive/signatory applicant
- Registration certificate of society / copy of the trust deed
- Copy of passport / voter ID / UID / driving license / PAN of the managing trustee /
chief executive signing the application
- Sale-deed, in the case of self-owned business
- If the business is rented, then rental / lease agreement
- Bank certificate as per ANF 2A / Cancelled cheque bearing blueprinted name of the
applicant entity and A/c no.
COMPLIANCES OF A SOCIETY
- Compulsory Audit of Accounts
When the total income of a Private Trust exceeds the limit given under the Income
Tax Act, 1961 for non-taxable income, it should be compulsorily audited by a
Chartered Accountant.
- Annual Return of Income
After the accounts of the Trust are being audited by the Chartered Accountant, the
audit report should be filed along with the Annual Return of income under Form ITR-7
on or before the due date.
- Report of Foreign Contributions
Every Trust which receives foreign contributions needs to submit a report, duly
certified by a Chartered Accountant and accompanied by an Income and Expenditure
Statement, Receipts and Payments Account and Balance Sheet within 9 months of the
closure of the financial year, to the Secretary, Ministry of Home Affairs,
Government of India, New Delhi. A ‘Nil’ Report needs to be submitted if no such
contribution is received during the last financial year.
- Submission of Annual Account Statement of FC A/c
Duly certified copy of the Account Statement of FC A/c needs to be furnished within
9 months of the closure of financial year along with Report mentioned above in point
3.
- Maintenance of Books of Accounts, Preparation of Financial Statements and
Conducting Statutory Meetings
Documents/Details Required for GST Registration of a Society after registration
- PAN card of the Society.
- PAN card and photo of members.
- Certificate of Registration.
- Details of bank.
- In case of leased property,the copy of lease deed for the
registered office premises along with a NOC from Landlord and electricity
bill/property tax receipt/water bill copy of the registered office property.
- In case of own property, copy of sale deed along with the
electricity bill/property tax receipt/water bill copy of the registered office
property.
- Appointment Proof of authorised signatory.
Compliances as per GST Law for Society
- Company is registered with GST Department and have valid GSTN then it has to furnish
details of Sales & Purchases on Monthly Basis in prescribed form to GST department
on GST Portal.
- Have to maintain records of Sales & Purchases on Regular Basis.
- Have to collect GST on Sales Invoices and deposit through GST Returns with the GST
Department.
- Have to furnish Annual GST Returns, if required or cross threshold limit for Annual
Return.
Some Additional Certificates:
The process of obtaining 80G certificate, 12A certificate, FCRA certificate, NITI Aayog
certificate and Import Export Code (DGFT) is the same as it was for Trusts.
COMPLIANCES OF A NOT-FOR-PROFIT COMPANY ALSO KNOWN AS SECTION 8 COMPANY
- Filing ADT-1 .i.e. Appointment of Auditor
To take care of the company’s financial filings on an annual basis, the Section 8
Company needs to appoint an auditor mandatorily.
According to section 139 of the Companies Act, 2013, every company must inform the
MCA about the auditor’s appointment in the form ADT-1.
- Maintenance of Books of Accounts
Every Section 8 Company is obligated to maintain the books of accounts of the
company. The books of accounts keep the records of the annual returns filing, etc.
- Maintenance of Statutory Registers
All the Section 8 Companies are required to maintain the statutory records in the
statutory registers. The register contains the details of members, loans and
investments, and charges. Further, it provides an overview of how actively the
company is working on yearly basis.
- Conducting Statutory Meetings
Companies registered under Companies Act, 2013 need to convene statutory meetings
every year on certain intervals. Statutory meetings include meetings of
Shareholders, Board of Director’s meeting, etc.
- Director’s report
Director’s report is the document that consists of the info regarding the company
and its compliance along with a set of financial, accounting, and corporate social
responsibility. The Board of Directors is responsible for producing this report.
As per the provisions of the Companies Act, 2013, producing director’s report is
compulsory compliance for every Section 8 Company in India.
- Preparation of Financial Statements
The financial statement of the company consists of the balance sheet, cash flow
statement, profit & loss of the company and income & expenditure statement. Hence,
every company is supposed to prepare the financial statements of the preceding
financial year mandatorily.
- Income Tax Returns Filing
It is imperative for every Section 8 Company to file income tax returns before or by
30th September of the next financial year. It is necessary to file income tax
returns because it gives an overview of the total income of the company.
- Filing of Financial Statements (AOC-4)
Every Section 8 Company needs to file a copy of the financial statements in the
prescribed format, i.e. in the e-form AOC-4. The financial statement must be filed
within 30 days from the date of the last annual general meeting held.
- MGT-7, Filing of Annual Returns with ROC
Since Section 8 Companies are registered as limited companies, therefore, they too
need to file –form MGT-7 with the ROC for filing annual returns of the company.
MGT-7 must be filed within 60 days from the date of the last annual general meeting
was held.
Event-based Annual Compliances of Section 8 Company
Event-based, as the name suggests, are the compliances need to be filed on the occurrence of
specific events. Unlike annual compliances, these are non-periodical in nature.
The checklist for event-based compliances for Section 8 Company is as follows:
- Appointment or resignation of Directors;
- Appointment or resignation of Auditors;
- Transfer of Shares;
- Appointment of KMP (Key Managerial Personnel);
- Receipt of share application money;
- Change of Company’s name;
- Amendment in the company’s MOA (Memorandum of Association);
- Change in company’s registered address;
- Any other changes in the company’s structure, etc.
Documents/Details Required for GST Registration of a Section 8 Company After Incorporation:
- PAN card of the company.
- Proof of identity of all the directors. Such documents include
Aadhaar, PAN, Passport, Driving license or any other Government-issued identity
document would be required.
- Detail of bank.
- In case of leased property, the copy of lease deed for the
registered office premises along with a NOC from Landlord and electricity
bill/property tax receipt/water bill copy of the registered office property.
- Incase of own property,copy of sale deed along with the electricity
bill/property tax receipt/water bill copy of the registered office property.
- Appointment Proof of authorised signatory
Compliances as per GST Law for Section 8 Company
- Company is registered with GST Department and has a valid GSTN; it must furnish
details of Sales & Purchases on a monthly basis in the prescribed form to the GST
department on the GST Portal.
- Must maintain records of Sales & Purchases on a regular basis.
- Must collect GST on Sales Invoices and deposit it through GST Returns with the GST
Department.
- Must furnish Annual GST Returns, if required or if the company crosses the threshold
limit for Annual Return.
Compliances as per Income Tax Act for Section 8 Company
- Income Tax Return of the company.
- Income Tax Return of its Directors & Shareholders (advisable also file)
- Registration u/s 12AA and 80G for availing tax exemptions.
Exemptions for a Section 8 Company
- A general meeting may be called by giving notice of not less than 14 clear days
instead of 21 clear days.
- It shall be enough for a Section 8 Company to hold at least 1 board meeting within
every 6 calendar months instead of holding 4 meetings a year.
- Recording of minutes of General Meetings, Board Meetings, and other resolutions has
been withdrawn. However, the minutes of meetings may be recorded within 30 days of
the conclusion of the meeting if the company’s articles provide for confirmation by
way of circulation of minutes.
- Conditions requiring and governing the appointment of independent directors have
also been waived off.
- Any person can be appointed as Company Secretary even if he/she is not a member of
the Institute of Company Secretaries of India.
- The maximum limit of 15 directors and the requirement of passing a special
resolution to appoint more than 15 directors has been withdrawn.
- The bar on taking up directorship in more than 20 companies has been relaxed.
- A firm can even be a member of a Section 8 Company.
Some Additional Certificates:
The process of obtaining 80G certificate, 12A certificate, FCRA certificate, NITI Aayog
certificate and Import Export Code (DGFT) is the same as it was for Trusts and Societies.
CSR REGISTRATION APPLICABLE ON ALL THE THREE ORGANISATIONS
”Corporate Social Responsibility (CSR)” means the activities undertaken by a Company in
pursuance of its statutory obligation laid down in section 135 of The Companies Act, 2013.
According to it every company is required to do CSR activities which have:
- Net Worth ≥500 Crore, or
- Turnover ≥1000 Crore, or
- Net Profit ≥ 5 Crore
Ministry of Corporate Affairs has mandated filing of eForm CSR-1 by implementing entities
intending to undertake CSR activities for all CSR projects effective from 1st April 2021.
MCA has announced that eForm CSR-1 is now live for Filing on MCA Portal and advised
stakeholders to file the Form as soon as possible. A unique CSR Registration Number shall be
generated for all entities submitting Form CSR-1. The current article briefs the application
procedure for Filing of eForm CSR-1.
The conditions for an NGO to receive CSR funds from a company only if are as follows:
- A section 8 company Registered under section 12A and 80G of the Income Tax and have
at least 3 years of undertaking charitable activities.
- A registered public trust Registered under section 12A and 80G of the Income Tax and
have at least 3 years of undertaking charitable activities.
- A registered society Registered under section 12A and 80G of the Income Tax and have
at least 3 years of undertaking charitable activities.
Documents required
- Copy of the registration certificate
- Copy of the PAN of the NGO with Form CSR-1
- DIN/PAN of the Director, Trustee, Secretary, etc. of the organization
- Copy of the Resolution authorizing the person by the entity with Resolution number
and date of the resolution
- DSC of the person
Process of registration
- Form CSR-1 can be filed on the MCA portal.
- Email ID of the entity shall be provided in Form CSR-1. The email ID shall be
verified by One Time Password (OTP).
- The facility of sending OTP shall be enabled only after successful pre-scrutiny of
the Form CSR-1.
- OTP can be sent to an email ID against one form for a maximum of 10 times in a day.
OTP shall be valid for 30 minutes.
- Details of Directors/Board of Trustees/Chairman/CEO/Secretary/Authorised
representative of the entity need to be provided in the form.
- It should be ensured that DIN or PAN of the above is valid and associated with the
entity.
- Mandatory attachments:
- Copy of Registration Certificate of the entity
- Copy of PAN of the entity
- Form CSR-1 will be verified digitally by a Chartered Accountant in practice, a
Company Secretary in practice, or a Cost Accountant in practice.
- On submission of the Form CSR-1 on the portal, a unique CSR Registration Number will
be generated by the system automatically.