Taxmann Trusts and NGOs Ready Reckoner By Manoj Fogla ,Suresh kumar Kejriwal ,Tarun Kumar Edition October 2024

The Trusts & NGOs Ready Reckoner provides an in-depth guide to the taxation, compliance, and legal requirements for charitable trusts and NGOs in India. It covers formation, registration, tax exemptions, and compliance under the Income-tax Act. With over 60 chapters, the book offers practical guidance on the provisions, step-by-step filing instructions, flowcharts, and illustrations, ensuring clarity on exemptions, income applications, donations, and business activities.

This book serves as a detailed roadmap for professionals, administrators, and legal practitioners, covering every stage from setting up an organisation to compliance under the Income-tax Act.

The Present Publication is the 5^th Edition, amended by the Finance (No. 2) Act, 2024. This book is authored by Dr Manoj Fogla, CA. Suresh Kumar Kejriwal & CA. Tarun Kumar Madaan, with the following noteworthy features:

• [Comprehensive Taxation Coverage] The book provides an exhaustive analysis of the lifecycle of charitable trusts and NGOs, addressing topics such as formation, registration, filing returns, and maintaining accounts. With over 60 chapters, it discusses all facets of NGO taxation, exemptions, compliance requirements, and business activities in detail
• [Registration & Approval Procedures Simplified] It provides comprehensive coverage of the registration and approval process under Sections 12AB, 10(23C), and 80G, outlining procedures for provisional and regular registration, conversion of provisional registration, renewal, and cancellation of registration
• [Step-by-step Filing Guidance] Detailed instructions for filing various crucial forms are included, such as Forms 10A, 10AB, 10BD, 10B, and 10BB, ensuring proper compliance with statutory requirements
• [Flowcharts & Illustrations for Complex Issues] The book includes user-friendly flowcharts and illustrations to simplify the complex tax provisions and compliance issues that charitable organisations face, making understanding intricate processes easier
• [Analysis of Landmark Rulings] Practical commentary on judicial rulings is provided to assist in understanding how critical and contentious issues have been interpreted, offering a real-world perspective on the application of legal provisions
• [Tabular Overviews of Compliance] For ease of reference, compliance requirements under various sections are laid out in tabular formats. The book also includes comparisons between different forms of charitable registrations and a thorough analysis of the conditions for exemption

• [In-depth Analysis Across 60+ Chapters]
  • Foundational Aspects of NGOs – The book discusses the legal framework of NGOs in India, covering the meaning of charitable purposes as defined under Section 2(15), the advantages of legal formation, and differences between types of registrations such as trusts, societies, and Section 8 companies
  • Guidance on Amending Trust Deeds – Practical advice on amending trust deeds, including permissible powers of trustees, supplementary deeds, and the role of civil courts, is covered comprehensively
  • Specific Focus on Religious & Partly Religious Trusts – It discusses the treatment of religious and partly religious trusts, the applicability of Section 2(15), and the eligibility of these trusts for approval under Section 80G
  • Practical Registration Procedures under Section 12AB – The book provides a detailed overview of the registration scheme under Section 12AB, including registration for trusts without an instrument, shifting from approval-based exemptions under Section 10(23C) to registration-based exemption under Section 12AB, and the implications of rejections or cancellations
  • Income Application & Computation for Tax Exemptions – The book provides clear guidance on applying income under Sections 11 and 12, calculation of total income, and conditions for exemptions. The book also explains the practical implications of project grants, capital gains, corpus donations, and business activities under Section 2(15)
  • Compliance & Filing Process for Forms & Returns – Tutorials and step-by-step guides are included for e-filing key forms (Forms 10A, 10AB, 10BD, 10B, and 10BB), furnishing statements of donations, and maintaining the necessary books of account

The notable chapters in the book include:

• Tax Audit & Accounting Requirements
  • In-depth discussions are provided on the applicability of tax audits under Section 44AB, requirements under Section 12A, and ramifications for non-maintenance of books of account
• CSR Expenditure & Tax Implications
  • A dedicated chapter discusses the status and tax implications of CSR expenditure, allowing practitioners to understand the intricacies of corporate social responsibility from both a legal and accounting perspective
• International Activities of NGOs
  • This segment explores legal provisions concerning activities conducted outside India, including implications on income application, working with foreign contributions, and impact on registration
• Anonymous Donations & Penal Taxation
  • The book examines the taxation of anonymous donations under Section 115BBC, the implications of non-compliance, and the applicability of penal tax provisions for NGOs, detailing how to handle various circumstances leading to penalisation
• Treatment of Donations & Capital Gains
  • Comprehensive guidance is provided on the taxation treatment of various kinds of donations, including in-kind and corpus donations. Additionally, the book delves into capital gains management, their application, and computation under Section 11(1A)
• Comparative Analysis of Exemption Schemes
  • An extensive comparison between exemption schemes under Sections 11 and 10(23C) is provided, outlining the advantages and drawbacks of each to help trusts make informed decisions
• Approval Under Section 80G & Compliance
  • The book lays out a practical guide for obtaining approval under Section 80G, the conditions for eligibility, the process for applying for approval, and the impact on deduction claims for donors