Taxation of Trust
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Meaning of charitable under section 2(15)
But it is treated as charitable purpose if aggregate receipt from business activity is not more than 20% of the total receipts
Section 11(1)
Income of the Charitable Trust or Religious Trust
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Following income of the trust shall be exempt from tax
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If 85% of income could not applied in current Previous Year
Explanation 1
(a) For the reason that whole or any part of income has not received during PY.
Assessee can submit a declaration to AO upto due date of ROI U/S 139(1) that, such income shall be actually applied in the year of receipt or in the immediately next year
Then such amount is treated as deemed to be applied in the current PY
If such amount not applied in the year of receipt or in the immediately next year then such amount shall be treated as income of the next year in which such amount received and taxable @ 30% U/S (115BBI)
(b) For any other reason- Assessee submit a declaration to AO upto due date of ROI U/S 139 (1) that income could not applied in current PY due to any reason (like bumper donation received in last month) and such donation is actually applied in next year, then such amount is treated as deemed to be applied in current PY.
If such amount not applied in the year, then it shall be treated as income of next year @ 30% U/S 115BBI
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Explanation 2
Any amount donated to any other trust registered U/S 12AA/12AB or institution U/S 10(23C) shall be treated as application but if such amount is donated as corpus of such Trust/Institution then it is not treated as application
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Explanation 3
For purpose of computing application of trust PGBP provisions of section 40A(3), 40A(3A) and 40(a)(ia) shall apply here also
(a) Section 40A(3)/40A(3A)
Expenses paid in a single day to a person more than Rs 10,000 in any mode other than A/c payee cheque or DD or ECS not treated as application
If deduction is allowed in earlier year on due basis and in current year if payment made more than Rs 10,000 in cash then such amount will be treated as income of current PY
(b) Section 40(a)(ia)
If any amount paid or credited to resident and if TDS is not deducted in PY or deducted but not paid to govt upto due date of ROI then 30% of such expenditure will not be allowed as application or trust. The sum would be treated as application in the year in which TDS deposited
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Explanation 3A
If trust having temple, mosque, gurudwara , church or other place notified U/S 80G(2) (b), received any donation for repair or renovation of such sum as corpus donation if following conditions are satisfied:
(a) such amount should be only for repair or renovation
(b) such amount should not be donated to any person
(c) maintain such corpus as separately identifiable
(d) Invested/ deposited in modes specified U/S 11(5)
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Explanation 3B
If any condition mentioned in explanation 3A violated then such sum shall be treated as income of PY in which violation take place.
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Explanation 4
1- Amount applied out of corpus fund shall not be treated as application in current year.
However, when that income is Invested/Deposited back into specified mode u/s 11(5) for such corpus, then such amount shall be allowed as application in PY in which it is Invested/Deposited back to corpus.
2-Amount applied from any loan or Borrowiings shall not be treated as application in current year.
However, when such loan or borrowings is repaid from income of any subsequent PY, then such payment shall be allowed as application in the PY in which it was repaid.
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Explanation 5
If any excess application of earlier PY shall not be allowed to Set-off in current PY
It means excess application shall not be allowed to be C/F and Set-off
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Explanation added for whole section 11 by FA-22
Any sum payable by any trust or institution shall be considered as application of income in the PY in which such sum is actually paid by it (irrespective of method of accounting followed by trust) provided that where during any PY, any sum has been claimed to have been applied by the trust or instituction, such sum shall not be allowed as application in any subsequent year
Example
ABC trust regularly follow accrual system of accounting. Trust purchased furniture for trust purpose on 20/03/2023 for Rs 15 lakhs and payment to vendor made on 26/07/2023, In this application of Rs 20 lakhs are allowed in PY 23-24.
CA Kavita Dhinga
cakavitadhingra@gmail.com
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