Assessment of Charitable Organizations When Commercial Receipts Exceed 20% Threshold [Section 13(8)]

1. Key Provision (Section 13(8))

  • Introduced by Finance Act 2022(Effective AY 2023-24)
  • Applies whena trust’s “aggregate receipts from commercial activities” exceed:
    • 20% of total receipts(₹25 lakh threshold removed post-2023)
  • ConsequenceEntire incomebecomes taxable (not just commercial portion)

2. What Qualifies as “Commercial Receipts”?

INCLUDED EXCLUDED
• Fees from non-charitable services
• Rental income from non-trust properties
• Business income not incidental to objectives
• Donations
• Grants
• Income from core charitable activities

3. Compliance Strategies

✔ Segregate accounts for commercial & charitable activities

✔ Cap commercial activities below 20% threshold

✔ Reinvest commercial profits into charitable work

✔ File Form 10B with detailed activity break-up

4. Consequences of Breach

  • Loss of 12A/12AB registration(optional cancellation by CIT)
  • Taxable at 30%(Section 115BBI)
  • 80G benefits deniedto donors

5. Recent Amendments (2024)

  • Threshold unified at 20%(earlier ₹25 lakh alternative removed)
  • CBDT Circular 5/2024: Clarifies “commercial activity” excludes:
    • Vocational training outputs
    • Hospital pharmacy sales to patients

Example:
A trust with ₹1 crore total receipts (₹25L from commercial activities):

  • 25% ratio → Exemption lost
  • Must pay tax on entire ₹1 crore(not just ₹25L)
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