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Taxation Of NPOs - Failure To Comply Conditions Of Application Of Income

Legal / E-Newsletters
Income derived from property held under trust or of an institution wholly for charitable/religious purposes is exempt if 85% of the income is spent on the objects of the trust during the year. Hence, charitable or religious institution are not subject to tax, provided they follow all the conditions of registration as well as the compliance with regard to the application of income. Therefore, the tax liability is in the nature of a penalty against any violation of the provisions of the Act. If the amount spent on the objects of the trust during the year is less than 85% of the income, the shortfall is taxable. Sections 11 to 13 provide various situations that result in non-compliance and the implication for such non-compliance. In the event of non-compliance, such incomes shall not be subject to application and/or the benefit of section 11 and 12 will be withdrawn or the registration status will be lost for that particular year of non-compliance. In this issue, we discuss the provisions of section 115BBI which become applicable when an organization fails to comply with the conditions under section 11 with regard to application of income. For details, please read this issue of Standard & Norms
Language : English
Isbn :
No of pages :
Publisher : Financial Management Service Foundation
Author Information : Dr. Manoj Fogla, CA Suresh Kumar Kejriwal, Dr. Sanjay Patra and Mr. Sandeep Sharma
Published Date : 10-08-2023

Dr. Manoj Fogla, CA Suresh Kumar Kejriwal, Dr. Sanjay Patra and Mr. Sandeep Sharma

About Author

Dr. Manoj Fogla, specialises in governance, legal & finance issues related to voluntary organisations. He is consultant to various international funding agencies, voluntary organizations and corporate foundations. 

Suresh Kumar Kejriwal is working with NGO sector since last more than 22 years. He has facilitated the process of formulating guidelines for the financial management system for NGO sector.

Dr. Sanjay Patra, A seasoned professional with a demonstrated history of working in the development sector, holds a Doctor of Philosophy (Ph.D.) focused in Monitoring and Reporting of NGO projects in India – Trends and Challenges.

Mr. Sandeep Sharma serves as the Executive Director at Financial Management Service Foundation. A seasoned trainer, facilitated more than 500 workshops across the globe on financial management, NPO governance and legal compliances.

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