Manager - Finance & Accounts
58404 Points
Joined June 2010
Hi Ramji,
Your question about GST on donations received by a member’s club, especially for building construction, is a common and important one. Here’s a clear explanation based on GST rules:
1. Are Donations Subject to GST?
Key GST Principle:
GST is levied on the supply of goods or services or both made for consideration in the course or furtherance of business (Section 7 of CGST Act).
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Donation is generally not a consideration for a supply of goods or services.
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Therefore, pure donations (without any quid pro quo) are not taxable under GST.
2. Donations to Member’s Clubs
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If donations are received without any supply or service provided in return, such as donations towards building a club’s infrastructure, then:
GST is NOT applicable on such donations.
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This holds true for donations received from both members and non-members, as long as they are gifts or contributions, not payments for services.
3. When Donations May Attract GST
GST may apply if donations are linked to a supply of goods or services. For example:
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If the donor receives special benefits or rights in return (like membership privileges, event access),
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Or if the donation is actually a fee or charge for a service.
In such cases, the amount may be treated as consideration, and GST would apply.
4. Donations for Building Club’s Own Building
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Since the donation is specifically for constructing the club’s own building,
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And there is no supply of goods or services made to donors in return,
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Such donations are treated as capital contributions or gifts.
Hence, these donations are outside the scope of GST.
5. Reference Circulars & Legal Position
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GST law and various advance rulings support that gifts and donations without consideration are not taxable.
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For example, Rajasthan AAR and other rulings have held donations to clubs or charitable organizations without consideration are not liable to GST.
Summary Table:
Scenario |
GST Applicability |
Donations from members/non-members without benefit |
No GST (not taxable) |
Donations linked to membership or services |
GST applicable (consideration) |
Donations for club building without supply |
No GST (capital contribution) |
If you want, I can help you draft an explanation letter or representation to GST authorities for your club confirming this treatment.
Would you like me to do that?