Taxmann X GSTPAM's Charitable Trusts – Cutting Through The Complexity

Contents

PAGE

Vision Statement

I-5

About the Goods & Services Tax Practitioners' Association of Maharashtra (GSTPAM)

I-6

Preface of the Book

I-8

President Message

I-9

Chairman’s Message

I-10

Managing Committee 2023-24

I-11

Chapter 1

Introduction

1

Chapter 2

Comparative analysis of various salient features of a Trust, Society & Section 8 of Companies Act, 2013

5

Chapter 3

Definitions, Rights, Duties & Liabilities of a Settlor/Author, Trustee & Beneficiaries

9

Chapter 4

Provisions applicable to the Charitable Trusts under the Income-tax Act, 1961 for maintenance of books of account and other document

14

Chapter 5

Amendment of the Trust Deed

20

Chapter 6

Application of Income

22

I-13

I-14

CONTENTS PAGE

Chapter 7

Corpus Donation and Inter-Charity Donation

25

Chapter 8

Modes available for Accumulation of Income

34

Chapter 9

Specified modes of Investment or Deposit under section 11(5) of the Income-tax Act, 1961

37

Chapter 10

Anonymous Donations

41

Chapter 11

Penal Taxation of NGO’s

43

Chapter 12

Summary of Penal Tax Rates

46

Chapter 13

Forfeiture of various exemptions granted

47

Chapter 14

Cancellation of Registration

51

Chapter 15

Tax on Accreted Income of NGO’s

54

Chapter 16

Tax implications of CSR Expenditure

56

Chapter 17

Statement of Donations to be filed by Donee Trust [Form 10BD]

59

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62

Future Vision

63

APPENDICES Appendix 1: Section numbers applicable to NGO as per Income-tax Act

67

Appendix 2: Form numbers applicable to NGO as per Income-tax Act

74

Appendix 3: Form No. 9A

75

CONTENTS

I-15 PAGE

Appendix 4: Form No. 10

77

Appendix 5: Form No. 10AC

79

Appendix 6: Form No. 10AD

81

Appendix 7: Audit Report in Form No. 10B

83

Appendix 8: Form No. 10BA

110

Appendix 9: Audit Report in Form No. 10BB

111

Appendix 10: Form No. 10BD

120

Appendix 11: Form No. 10BE

122

Appendix 12: Income-tax Return - ITR 7

123

Appendix 13: Draft Minutes

156

Appendix 14: Draft Board Resolution Format for General Matters

157

Appendix 15: Draft Board Resolution Format for Bank Matters

158

Appendix 16: Specimen Corpus Donation

159

CHARITABLE TRUSTS – CUTTING THROUGH THE COMPLEXITY AUTHOR

:

THE GOODS & SERVICES TAX PRACTITIONERS' ASSOCIATION OF MAHARASHTRA , PREMAL GANDHI

PUBLISHER

:

TAXMANN

DATE OF PUBLICATION

:

OCTOBER 2023

EDITION

:

2023 Edition

ISBN NO

:

9789357788137

NO. OF PAGES

:

176

BINDING TYPE

:

PAPERBACK

Rs. 475

DESCRIPTION This book provides a comprehensive overview of the current landscape of taxability governing charitable trusts, which includes: • Taxation & Tax Exemptions • Financials and Regulating Reporting • Fund Raising & their Compliances It aims to make its reader aware of the various provisions without using complex legal jargon. All efforts have been made to present the provisions clearly and understandably. This book incorporates the dynamic amendments and court rulings over the last few years that have impacted the functioning of charitable trusts.

This book will be helpful for NGO leaders, finance professionals, and anyone interested in the taxation aspect of the non-profit sector.

The Present Publications is the latest 2023 edition and has been amended up to October 2023. This book is authored by CA Premal Gandhi and published by Taxmann for The Goods and Services Tax Practitioners' Association of Maharashtra.

The detailed contents of this book are as follows: • Introduction • Comparative analysis of various salient features of a Trust, Society & Section 8 of Companies Act, 2013 • Definitions, Rights, Duties & Liabilities of a Settlor/Author, Trustee & Beneficiaries • Provisions applicable to the Charitable Trusts under the Income-tax Act, 1961 for maintenance of books of account and other document • Amendment of the Trust Deed • Application of Income • Corpus Donation and Inter-Charity Donation • Modes available for Accumulation of Income • Specified modes of Investment or Deposit under section 11(5) of the Income-tax Act, 1961 • Anonymous Donations • Penal Taxation of NGO's • Summary of Penal Tax Rates • Forfeiture of various exemptions granted • Cancellation of Registration • Tax on Accreted Income of NGO's • Tax Implications of CSR Expenditure • Statement of Donations to be filed by Donee Trust [Form 10BD]

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