27 August 2010
There are thousands of trusts registered in India that claim to be engaged in charitable activities. Many of them are genuine but some are untrue. In order that only genuine trusts get the tax benefits, the Government has made it compulsory for all charitable trusts to register themselves with the Income Tax Department. And for this purpose the Government has made two types of registrations necessary u/s. 12A & U/s. 80G. Only if the trust follows the registration U/s. 12A, they will get the tax exemption certificate, which is popularly known as 80G certificate. The government periodically releases a list of approved charitable institutions and funds that are eligible to receive donations that qualify for deduction. The list includes trusts, societies and corporate bodies incorporated under Section 25 of the Companies Act 1956 as non-profit companies.
Charitable or religious trusts, societies and companies claiming exemption under sections 11 and 12 of the Income-tax Act are required to obtain registration under the Act. Private/family trusts are neither allowed such exemption nor required to seek registration under the Income-tax Act. The detailed procedure is as under :
Registration of Trust under Income-tax Act procedure for registration u/s. 12AA of I.T. Act.
Application for registration in Form No.10A in duplicate.
List of Name and Address of the Trustees
Copy of Registration Certificate with Charity Commissioner or copy of application to him.
Certified True Copy of the Trust Deed.
PAN No. or Copy of application of the Trust.
PAN of the trustees.
Procedure for registration (Sec 12AA) The Commissioner, on receipt of an application for registration of a trust or institution made under clause (a) of section 12A, shall –
call for such documents or information from the trust or institution as he thinks necessary in order to satisfy himself about the genuineness of activities of the trust or institution and may also make such inquiries as he may deem necessary in this behalf; and
after satisfying himself about the objects of the trust or institution and the genuineness of its activities he –
shall pass an order in writing registering the trust or institution;
shall, if he is not so satisfied, pass an order in writing refusing to register the trust or institution,
and a copy of such order shall be sent to the applicant.
Provided that no order under sub-clause (ii) shall be passed unless the applicant has been given a reasonable opportunity of being heard
Model Form 10(A)
Form No. 10A [See Rule 17A]
Application for registration of charitable or religious trust or institution under section 12A(a) of the Income-tax Act, 1961
To The Chief Commissioner or Commissioner of Income-tax, ................................
Sir,
I, ..................................................... on behalf of ..............................................................
(Name of the trust or institution)
hereby apply for the registration of the said trust/institution under section 12A of the Income-tax Act, 1961. The following particulars are furnished herewith:–
Name of the *trust/institution in full (In Block letters)
Address
Name(s) and address(es) of author(s)/founder(s)
Date of creation of the trust or establishment of the institution.
Name(s) and address(es) of trustee(s)/manager(s).
I also enclose the following documents:
(1) (a) *Original/certified copy of the instrument under which the trust/institution was created/established, together with a copy thereof.
(b) *Original/certified copy of the document evidencing the creation of the trust or the establishment of the institution, together with a copy thereof.
(The originals if enclosed will be returned)
(2) Two copies of the accounts of the *trust/institution for the latest *one/two/three years
I undertake to communicate forthwith any alteration in the terms of the trust, or in the rules governing the institution, made at any time hereafter.
Date .......................... Signature.......................... Designation.......................... Address..........................
I want one more clarity regarding whether a religious trust can avail the above benefits. Is there any condition that it objective should be only charitable & not religious
CAclubindia
