Charitable trust registration

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03 July 2015 Can a charitable trust get registered restropectively? for AY 15-16 can it get registrated now to claim exemption benefits u/s 11 and 12

Arpit Shah

Arpit Shah (Expert)
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03 July 2015 http://taxguru.in/company-law/scheduleii-companies-act-2013-accounting-standard6-depreciation-accounting.html

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Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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19 July 2024 Yes, a charitable trust can apply for registration under sections 12A and 80G of the Income Tax Act, 1961, retrospectively to claim exemption benefits for past assessment years, including A.Y. 2015-16. Here’s how it can be done:

### Procedure for Retroactive Registration (Sections 12A and 80G)

1. **Application for Registration under Section 12A:**
- Prepare an application in Form 10A (Application for registration of charitable or religious trust or institution under section 12A) to the Principal Commissioner or Commissioner of Income Tax. This form should be filled out with all necessary details, including the trust’s activities, objectives, and financial statements.

2. **Documentation Required:**
- Along with Form 10A, submit:
- Copy of the trust deed.
- Copy of PAN card.
- Copy of address proof of the registered office.
- Copy of the details of trustees/managers.
- Copies of audited accounts and balance sheet for the past three years, if available.
- Any other documents as required by the Income Tax authorities.

3. **Filing and Processing:**
- Submit the application along with all supporting documents to the jurisdictional Principal Commissioner or Commissioner of Income Tax.
- The Income Tax department will review the application and documents submitted.

4. **Issue of Registration Certificate:**
- If satisfied, the Income Tax department will issue a registration certificate under Section 12A of the Income Tax Act, which enables the trust to claim exemptions on its income applied for charitable purposes.
- The registration can be granted retrospectively from the date of application, depending on the discretion of the assessing officer.

5. **Application for Approval under Section 80G:**
- Once registered under Section 12A, the trust can apply for approval under Section 80G (which provides tax benefits to donors) by submitting Form 10G to the same Income Tax authorities.

### Points to Consider:

- **Retrospective Effect:** The Income Tax department may grant registration under Section 12A retrospectively, but this is subject to the discretion of the assessing officer.
- **Compliance:** Ensure all documents are accurate and complete to avoid delays or rejections in the registration process.
- **Consultation:** Seek advice from a tax consultant or chartered accountant specializing in nonprofit organizations to ensure compliance with all legal requirements.

By following these steps and submitting a thorough application, a charitable trust can potentially obtain registration under sections 12A and 80G retrospectively, allowing it to claim exemption benefits for A.Y. 2015-16 and subsequent years.