Assessment of Trust

Assessment of Trusts [Section 11 to 13]

A Charitable and Religious Trust is a type of non-profit organization that is formed for the purpose of providing social and charitable services to the community. Such trusts are typically established with the aim of promoting education, religion, health, poverty alleviation, or any other charitable purpose that benefits the public. The trust is managed by […]

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Which Income will be Exempt under Section 11

Here’s a detailed breakdown of incomes exempt under Section 11 of the Income Tax Act, 1961, for charitable and religious trusts, along with key conditions: 1. Income from Property Held for Charitable/Religious Purposes Exempt income: Rent, interest, dividends, or any other revenue generated from property (immovable or investments) held under trust for charitable/religious activities. Condition: Must be

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Conditions to be Satisfied for Claiming Exemption Under Section 11

To avail tax exemption under Section 11, a charitable or religious trust must satisfy the following mandatory conditions: 1. Registration Requirement (Section 12A/12AA/12AB) ✅ Must be registered with the Income Tax Department under: Section 12A(for existing trusts) Section 12AA(for new registrations) Section 12AB(provisional/final registration under Finance Act 2021) ❌ No exemption if unregistered. 2. Application of Income (85% Rule) ✅ Minimum 85% of income must

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Steps for Formation of a Charitable / Religious Trust in India

To establish a legally valid charitable or religious trust, follow these key steps under Indian law: 1. Define the Trust’s Purpose ✅ Charitable Trust: Must serve public benefit (education, healthcare, poverty relief, etc.) as per Section 2(15) of the Income Tax Act. ✅ Religious Trust: Must promote religious activities (temple/mosque/church maintenance, rituals, etc.). 📌 Note: Private trusts(for family benefits) do not qualify for tax exemptions. Political or commercial objectivesare not

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Draft Trust Deed for A Charitable and Religious Trust

This Trust Deed is made and executed on this [Date] day of [Month], [Year] at [Place] by: SETTLOR: Name: [Full Name] Father’s Name: [Name] Address: [Complete Address] PAN: [PAN Number] TRUSTEES: Name: [Trustee 1 Name] Address: [Complete Address] PAN: [PAN Number] Name: [Trustee 2 Name] Address: [Complete Address] PAN: [PAN Number] WITNESSES: Name: [Witness 1

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Registration Process for a Charitable & Religious Trust

To legally establish and operate a Charitable & Religious Trust in India, the following registrations are required: 1. Registration Under the Indian Trusts Act, 1882 (Optional but Recommended) Purpose: Legal recognition under civil law. Where to Register: Sub-Registrar’s Office(where the trust property is located). Documents Required: ✔ Trust Deed (original + photocopy) ✔ Proof of Identity (PAN, Aadhaar of Settlor & Trustees)

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Cancellation of Registration for Charitable & Religious Trusts

The registration of a charitable or religious trust under Sections 12A/12AA/12AB of the Income Tax Act, 1961, can be cancelled by the Commissioner of Income Tax (CIT) under specific circumstances. Below are the grounds, procedure, and consequences of cancellation: 1. Grounds for Cancellation of Registration The CIT may cancel registration if: (A)  Non-Genuine Activities (Section 12AA(3)) The trust’s activities are not genuine(e.g., fake charity, money laundering).

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Belated Filing of Application for Registration of a Charitable & Religious Trust

The Income Tax Act, 1961 allows charitable and religious trusts to apply for belated registration under Section 12AB, even if they miss the initial deadline. Below are the key provisions, conditions, and procedures for belated applications: 1. Legal Provisions for Belated Registration Section 12AB(1)(ac): Trusts can apply for re-registrationat least 6 months before expiry of their existing registration. Budget 2025 Amendment: The Commissioner of Income Tax (Exemption)may condone delays in

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Accumulation of Income in Excess of 15% of the income earned [Section 11(2) and Rule 17]

Charitable and religious trusts or institutions registered under the Income Tax Act, 1961, are generally required to apply at least 85% of their income towards their charitable or religious purposes each year. They are permitted to accumulate or set apart up to 15% of their income without any specific conditions. However, if a trust wishes

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Treatment of Business Income of a Charitable/Religious Trust

The treatment of business income for a charitable or religious trust under the Income Tax Act, 1961 is governed primarily by Sections 11(4) and 11(4A). Here’s a structured breakdown to help you navigate the nuances: Section 11(4): Business Held as Property Under Trust This applies when the business undertaking itself is held under trust. Income

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