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Published on:

January 1, 2025

Alankar Mishra

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Exemptions for Charitable Trusts - Section 11 of the Income Tax Act

India has a few Dastakaar and Shaikshik activities, so there is a certain form of Welfare trust charity that any dominant society can establish. The Indian Income-tax Act, 1961, specifically Section 11 of the Income Tax Act, encourages such institutions, such philanthropy by offering substantial tax relief. This provision makes sure that the trust receives income for certain specified purposes which is not subject to taxation if the conditions laid down in section 11 of the Income Tax Act guidelines are complied with.

What is Section 11 of the Income Tax Act?

According to section 11 of the Income Tax Act, any income received by charitable or religious trusts which is derived from property that is exclusively used for charitable or religious purposes is exempted from tax. This ensures that in this instance the taxation does not interfere with the money which is meant for doing good for the society, provided the earning is used as prescribed.

Key Features of Section 11

1. What is the Applicability Scope

In conclusion, section 11 applies to:

1. Institutes and Charitable Trusts

2. Institutes and Religious Trusts

These organizations do not pay taxes on their revenue; rather, the revenue is applied toward:

1. Purposes such as relief of the poor, education, and medical relief. In other words, any activity that benefits people.

2. Welfare activities that support the promotion and enhancement of religion, primarily those with religious purposes.

2. What Are The Exempt Income Types

The following sources of income are under Section 11 and are exempted:

1. The income derived from property of the person held under a trust for charitable or religious purposes.

2. Donations received on the account of specific acts not included in the corpus and any voluntary donations.

3. Business income which is ancillary to the objectives of the trust and for which separate books are maintained.

3. Application of Income

1. It is mandatory to spend at least 85% of the income in a particular financial year for the applicant to claim exemption under section 11.

Conditions for Claiming Exemptions Under Section 11

According to exemptions, there are some additional requirements that charitable trusts must fulfil:

1. Registration Under Section 12AB

As per sec 12AB, a trust or institution has to be registered to seek any Exemption availability under sec 11. This is a precondition to claiming exemptions.

2. Application of Income

The income should be applied only for charitable and religious purposes. It should not apply for the benefit of the individual or any related party.

3. Utilisation Timeline

In a financial year at least 85% of the income should be utilized for the trust. In case of failure to do so, the trust should:

File Form 10 with ITD and accumulate such income for a period not exceeding 5 years.

State the reason for accumulation.

4. Restrictions on the Use of Income

Income is not applicable for use in private or commercial purposes. Also, as per Sec 13 of the I.T. Act, the income is not applicable for any defined persons.

Accumulation of Income Under Section 11(2)

Contrary to the general guideline of applying 85% of the income, trusts under Section 11(2) may carry forward for 5 years any income not spent. To do this:

1. The trust is required to submit Form 10 on or before the date of submission of the income tax return.

2. The unspent income shall be put in specific forms such as investments in government securities or bonds.

If within the designated period the accumulated income has not been expended, it becomes taxable in the first year after the accumulation period ends.

Provisions for Business Income of Charitable Trusts

According to Section 11(4A), there are also business incomes which can be exempted from tax if:

1. The business is subordinate to the charitable or religious purposes of the trust.

2. There are distinct records that are kept for the business income.

As an illustration, if a charitable trust operates a cafeteria in a hospital it administers, the revenue derived from the cafeteria would be exempt since it assists the purposes of the trust.

Exclusions and Restrictions Under Section 13

The Income Tax Act's section 13 discusses the disqualifications trusts have under section 11 Otherwise, the exemption thresholds defined by this provision are not available to [1], [2] and for all assets (assets as such were not defined in Section 2 of.

1. Private Benefits

The use of, or application of its income or assets for the benefit of identified persons, for instance, a trustee or their relatives, is not allowed.

2. Investment Violations

If trust proceeds or any part of them, are used to acquire an investment in any of the prohibited forms, for example, shares of private companies or in investments which are not specified, the exemption cannot be claimed.

‍3. Political or Commercial Activities

If the trust performs political or commercial activities irrelevant to its goals, then exempted will be.

Compliance Requirements for Charitable Trusts

Nonprofit organizations must take compliance measures to sustain their eligibility to get the exemptions. The compliance measures include:

1. Submitting Returns

All charitable trusts must file ITR-7 and submit their income tax returns within the time stipulated under section 139(1).

2. Accounts to Be Audited

Should gross receipts exceed the sum of ₹2.5 Crore over a fiscal year $(FY)$ then accounts may need to be subject to and the form 10B shall be issued as evidence that the audit is approved.

3. Record-Keeping

The entity bound by the trust should assess gross income/gross profit attributable to that trust which has to also specify details of expenses or gross outlay including any forms of investment. If business income is earned then the books must be maintained separately.

4. Form 10 Filing

For accumulation purposes, the Number of Form tens must be filled and the reason why accumulation is necessary, along with the time as to how long it is to be accumulated is to be mentioned.

Penalties for Non-compliance

In situations where a person does not follow the guidelines as set out in section 11, there are several penalties listed here and below.

Disallowance of exemption

Failure to comply with the conditions set out under section 11 or 12AB on the other hand will lead to those exemptions being retracted thus making all the income taxable.

Penalties under Section 271

For the omission to file the returns or documents that are substantial, further penalties can be levied.

Tax Due interest on Tax Due

Failure to furnish § 234A/B/C might also be relevant for the delays in accounting or making payments of taxes.

Practical Examples of Section 11 Exemptions

Example 1: Education Trust

Education Trust has an annual income of ₹50 lakhs and spends ₹45 lakhs on various scholarships and infrastructural facilities. Since it spent into charity 90% of its revenue the trust is eligible for exemption under Section 11.

Example 2: Income Accumulation

A healthcare trust last reported a turnover of ₹1 crore. A total of only 70 lakh was spent on operational costs. It files Form 10 claiming to construct a new wing of the hospital towards ‘new assets’ and is entitled to exemption on the Income earned during the Synchronization period of 15 Lakhs filed.

Example 3: Disqualification

A trust constituted for religious purposes invests its assets in the purchase of equity shares of a private limited company. This investment contravents the investment conditions as provided under Section 13 which results in loss of exemptions granted under Section 11.

Recent Amendments and Updates

1. Overview of Section 12AB

From the point of view of the registration requirement for trusts, the requirement is now less complex owing to the introduction of Section 12 AB. A trust is also required to re-register with the authorities or renew its registration every 5 years to qualify for the exemptions.

2. A Rise in Compliance Requirements

There has been an increase in the compliance requirements from the government so as to prevent ineligible persons from abusing the exemptions granted.

3. Emphasis on Digital Accountability

Trusts are also encouraged to establish filing and record-keeping systems in a digital form in order to enhance transparency in operations.

Conclusion

I would like to begin this part by referring to Section 11 of the Income Tax Act which is a key provision promoting the functioning of charity and religion by exempting them from taxation on income earned by them. Trusts, if so compliant with its provisions, can mobilize their energies on realising their objectives free from the burden of tax. That said, it is important to note that compliance with registration, investment and application norms is necessary for retaining the benefits.

FAQs

What is the exemption for charitable trusts under the Income Tax Act?

The Income Tax Act, 1961 provides tax exemptions to charitable trusts under Section 11, ensuring that income used for specified charitable or religious purposes is not taxable, subject to compliance with its provisions.

What is covered under Section 11(2) of the Income Tax Act?

Section 11(2) allows charitable trusts to accumulate or set aside income for future application towards charitable purposes. The trust must specify the purpose and period (up to five years) for which the accumulation is intended.

What does Section 11(3) of the Income Tax Act state?

Section 11(3) outlines situations where income that was previously accumulated under Section 11(2) becomes taxable. This includes cases where the income is not applied as declared or is used for non-charitable purposes.

How can a trust claim exemption under Section 11?

To claim exemption under Section 11, a trust must ensure its income is used exclusively for charitable or religious purposes. It must also file Form 10 and adhere to the registration requirements under Section 12A/12AB of the Income Tax Act.

What are the requirements for availing exemptions for charitable trusts under the Income Tax Act?

Charitable trusts must register under Section 12A/12AB, file income tax returns on time, and comply with the conditions under Sections 11, 12, and 13 to avail tax exemptions.

Are religious trusts subject to the same conditions as charitable trusts?

That’s correct, but there are some instances less stringent for religious trusts, such as where the purposes of religious activities are undefined.

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