GST on Donations received by a member's club

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Please enlighten me whether donations received from members/ nonmembers of the Club received specifically for Building the Club's own building is under the preview of GST? ie whether such amounts are taxable under GST rules

Replies (1)

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).

  • Donation is generally not a consideration for a supply of goods or services.

  • Therefore, pure donations (without any quid pro quo) are not taxable under GST.


2. Donations to Member’s Clubs

  • 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.

  • 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:

  • If the donor receives special benefits or rights in return (like membership privileges, event access),

  • 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

  • Since the donation is specifically for constructing the club’s own building,

  • And there is no supply of goods or services made to donors in return,

  • Such donations are treated as capital contributions or gifts.

Hence, these donations are outside the scope of GST.


5. Reference Circulars & Legal Position

  • GST law and various advance rulings support that gifts and donations without consideration are not taxable.

  • 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?


CCI Pro

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