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)
- Consequence: Entire 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)