Arjuna (Fictional Character): Krishna, with the arrival of Ganesh Chaturthi, I see countless Ganpati mandals and temples collecting donations and organizing events. I know they focus on devotion, but are there any tax provisions they need to be aware of, like income tax or GST?
Krishna (Fictional Character): Arjuna, you are absolutely right. While the focus is on devotion and charity, religious and charitable entities such as Ganpati mandals and temples should also be mindful of their tax obligations. Both Income Tax and GST have specific provisions that apply to them, and they need to understand these to avoid any compliance issues.
Arjuna (Fictional Character): Could you first explain how income tax applies to Ganpati mandals and temples?
Krishna (Fictional Character): Certainly, Arjuna. Ganpati mandals and temples can benefit from tax exemptions, but they should comply with the following key points under the Income Tax Act:
1. Registration under Section 12A/12AB
Generally, unregistered small Ganesh Mandals do not apply for 12A/12AB registrations whose total income does not exceed Rs 2,50,000. Mandals and temples register under Section 12AA or 12AB to claim exemption from tax on income generated through donations.
Section 80G registration allows donors to claim deductions for their donations. Also, if the total income of the trust exceeds Rs 2,50,000 in any previous year, then the accounts of the trust for that year should be audited by a Chartered Accountant.
2. Utilization of Income
The income collected, such as donations, must be used for religious or charitable purposes. Any misuse of funds for personal or non-charitable purposes can result in a loss of tax exemption.
3. Filing of Income Tax Returns
Even though mandals and temples may be tax-exempt, they are required to file annual income tax returns to ensure transparency.
4. Tax on Anonymous Donations
If the mandal or temple receives anonymous donations (donations without the donor's identity), these can be taxed at 30%, except when such donations are exclusively for religious purposes.
Arjuna (Fictional Character): Krishna, but what about GST implications for religious institutions?
Krishna (Fictional Character): GST does apply in certain situations, but there are key exemptions to GST law. Generally, services by an entity registered under Section 12AA or 12AB of the Income-tax Act, 1961, by way of charitable activities are exempt from GST. However, exemptions may not be applicable in certain cases. Let me break it down for you:
1. GST Exemption for Religious Services
1. Services provided by mandals and temples, like the conduct of religious ceremonies or the renting of precincts of a religious place, are generally exempt from GST, provided the religious place is:
· Registered as a charitable or religious trust under Section 12AA or 12AB or Section 10(23C) of the Income Tax Act
2. Conditions for GST Exemptions
The exemption for renting religious precincts is conditional.
- Renting of rooms is exempt only if the rent is less than Rs 1,000 per day.
- Renting of community halls or open areas is exempt if the rent is less than Rs 10,000 per day.
- Renting of shops or commercial spaces is exempt if the rent is less than Rs 10,000 per month.
3. GST on Commercial Activities
- If a mandal runs commercial activities, such as operating food stalls and souvenir shops, and their annual turnover exceeds Rs 20 lakh, they must register for GST.
- The sale of prasad or puja items is exempt from GST, but selling other goods might attract GST if these items do not qualify under the exempt category.
Arjuna (Fictional Character): So, if a Ganpati mandal is not registered under Section 12AA or 12AB, these exemptions won't apply, correct?
Krishna (Fictional Character): Exactly, Arjuna. If the mandal is not registered under Section 12AA/12AB, it will not benefit from the GST exemptions, and they may have to pay GST on their taxable supplies if they cross the Rs 20 lakh turnover threshold.
Arjuna (Fictional Character): Krishna, what should a taxpayer learn from this?
Krishna (Fictional Character): Arjuna, the lessons are crucial, especially during the festive season. Ganpati mandals and religious institutions should understand their tax obligations and ensure they comply with the law. By understanding and complying with these provisions, mandals can continue to serve their communities without the burden of penalties and maintain trust with their donors and the tax authorities.
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