80 G for donation

Dear Experts 

We  are a public charitable  Trust NGO category,  we receive grants for projects.  One of the donor gave a grant for a project Rs. 20 lakhhs for 3 years for whihc we have given 80 G receiot in full 

we have spent only 15 lakhs  over the period of 3 years,  Donor is asking for return of the balance unspent portion. 

As we have issued 80 G for full amount and now he is asking for the return of unspent portion of 5 lakhs how to go about this

1) whether we can refuse return of the balance portion since we have also ready given 80 g for full amount in the first year itself

2) or whether there will be any tax implication if we refund the balance amount

Please advice

Reg,

 

 

Replies (1)

Situation Recap:

  • You issued an 80G receipt for the full grant of Rs. 20 lakhs upfront.

  • Spent only Rs. 15 lakhs over 3 years.

  • Donor wants the unspent Rs. 5 lakhs refunded.


1) Can you refuse to return the unspent amount?

  • Ethically and practically, you should consider returning the unspent amount because:

    • The donation was given for a specific project (earmarked funds).

    • If the donor requested a refund of unspent funds, it implies the funds were conditional.

    • Holding onto unspent funds without spending or returning may affect your NGO’s credibility and relationship with donors.

  • Legally, if the grant agreement or terms with the donor mention that unspent funds must be returned, you should comply.

  • If no such clause exists, it may be at your discretion, but it’s good practice to honor such requests.


2) Tax implications if you refund the balance amount

  • For your NGO (the Trust):

    • The refunded amount (unspent Rs. 5 lakhs) will be considered application of funds returned.

    • If the refunded amount was earlier shown as donation income, you may need to adjust your accounts accordingly.

    • There is no direct tax liability on the NGO for returning unspent funds, but proper accounting is essential.

  • For the Donor:

    • The donor has claimed 80G tax exemption on the full Rs. 20 lakhs.

    • By refunding Rs. 5 lakhs, ideally, the donor should adjust their tax claim proportionately.

    • Donor should consider this refund while filing their income tax return to avoid any issues with exemption claims.


Best Practice:

  • Issue a corrective receipt or refund letter for the Rs. 5 lakhs.

  • Keep proper documentation of refund and communication with donor.

  • Adjust your accounts for the refunded amount.

  • Inform donor to adjust their 80G claim proportionally.


Summary:

Question Answer
Can you refuse to refund? Legally depends on agreement; ethically & practically recommended to refund if donor requests.
Tax implications on NGO No direct tax liability; must adjust accounts correctly.
Tax implications on donor Donor should adjust their exemption claim by refunded amount.

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