This write-up is a conduct on section 164 sub-sections 2 that deals with taxability of revenue related to charitable trusts. The revenue of a generous trust can be classified under one of the following heads of revenue:
- Revenue that is derived from property held under trust for generous or religious reasons
- Revenue gotten from charitable donation with or without a particular direction that it would not form part of the corpus of the trust
- Revenue from an minor individual
- Capital incomes
- Secret contributions
Revenue from Property Held under Charitable Trust
The following kinds of revenue from property held under a charitable trust would be not liable from revenue tax:
- About 15% of gross receipts from such property will be excluded
- Buying of capital assets, repayment of loan for buying of capital asset and income expenditure, or contribution to trust registered under Section 12AA or for that reason under Section 10(23C), would be excluded.
- Revenue supposed to be used for generous reasons in India, in the year of receipt or in the instant succeeding year are excluded
Charitable Donation
Charitable donations are contributions gotten due to the trust or organization that will put into consideration as part of revenue of the organization or trust. It is grouped into two kinds:
- Contributions earned with a particular path that they would form part of the corpus find shall be excluded from taxation
- Contributions gotten devoid of any particular instructions will be handled as a part of revenue.
Capital Incomes
Revenue gotten from any kind of transfer of capital assets would be taxable to tax under the head capital incomes.
Secret Contributions
Secret contributions are contributions made to a person or place where accurate records are not retained. Exceptions are permitted up to 5% of the total contributions or Rs. 100,000, whichever is greater. Nevertheless, contributions given to a trust that is fully religious in nature will be supplied with a total exception. If the donation is gotten for educational reasons and the Trust functions the same way, such contributions would be chargeable.
Highest Marginal Price
If a total or part of the gain is not subjected to exception under Section 11 or 12, this term of charging tax at the highest marginal price is appropriate on any of the scenarios listed below:
- Any aspect of the revenue of the voluntary trust built or launched after 1-4-1962 ensures directly or indirectly for the advantage of any individual referred to in Section 13 sub-section 3.
- Any aspect of such revenue or any property of the trust, which is utilized in the preceding year for any individual referred to in Section 13 sub-section 3.
- If finances of the trust are not spent in the mode particularized under section 11 sub-sections 5.
Eligibility for Exception
A voluntary trust or organization pursuing the improvement of object of general public utility may be a voluntary trust in a year and not a voluntary one in another year. The formative cause would be commercial receipts, where the average of the same may or may not go beyond 20%. If the viable receipts of an organization or trust go beyond 20%, then such trust or organization would be invalid of claims and exception for the preceding year.
