Applicable Section and rules of IT Act

If employer wants to have own trust Fund for giving pension to employees, under which section and rules of IT, it should seek recognition so that contribution gets tax exempt

Replies (1)

Hi Jayanta,

If an employer wants to set up its own Trust Fund for giving pension to employees, to ensure tax exemption on contributions, here’s what applies under the Income Tax Act:


Applicable Section for Recognition

  • Section 80CCD(1B) (along with Section 80CCD(1)) is for employees' contributions to pension schemes, but your query is about employer’s own trust.

  • For employer’s contribution to a pension fund/trust to be eligible for tax exemption, the relevant section is:

    Section 80CCC / Section 36(1)(iv)

  • More importantly, the trust should be registered under:

    Section 10(23C)(iv) or Section 10(23AAA)

  • But the usual approach for employer-sponsored pension schemes is recognition under:

    Section 80CCD(2) — employer’s contribution to notified pension schemes.


Recognition Procedure & Rules

  • The pension fund or trust must obtain recognition from the Income Tax Department under Section 80CCD(2)or relevant provisions.

  • The trust should apply for recognition under Section 10(23C) (for charitable trusts) if applicable, but generally, for pension funds, Section 80CCD(2) along with rules under Pension Fund Regulatory and Development Authority (PFRDA) applies.

  • Contributions by the employer are exempt under Section 36(1)(iv) if made to a recognized pension scheme/trust.


Key Points:

  • The trust fund should be a recognized provident or pension fund.

  • The fund must comply with prescribed rules and conditions regarding maintenance, investment, and benefits.

  • Employer’s contribution up to 10% of salary is generally exempt under Section 36(1)(iv).

  • Employees’ contribution eligible for deduction under Section 80CCD(1).


Summary

Aspect Section / Rule
Employer’s contribution exempt Section 36(1)(iv)
Employees’ contribution exempt Section 80CCD(1)
Employer’s contribution deduction Section 80CCD(2) (Notified schemes)
Recognition of trust Application under Income Tax Act & PFRDA rules

Suggestion

  • The employer should set up the trust as per PFRDA guidelines.

  • Apply for recognition under Income Tax Act with detailed trust deed and scheme rules.

  • Ensure compliance with Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 if applicable.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Topics :

Loading
Company
ARTICLESHIP 01 October 2026
Articled Assistant

KPSN & Associates LLP

Chennai

CA Inter

View Details
Company
ARTICLESHIP 16 September 2026
CA Article Trainee

SR BAGAI & Co.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 16 September 2026
Article Assistant

MANUJ SHARMA AND COMPANY

Noida

CA Inter

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details
Company
16 September 2026
Internal Audit - Team Lead

Consulting & Beyond

Chennai

CA

View Details
Company
ARTICLESHIP 18 September 2026
Industrial Trainee

Twenty Point Nine Five Ventures Private Limited

Noida

CA Inter

View Details
Company
ARTICLESHIP 28 September 2026
Junior Accountant

J S P M & Associates LLP

Pune

B.Com

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details