Monday, 21 May 2018

NGOs should exercise due-diligence while filing tax returns this year.


Readers may be aware that for Assessment Year 2018-19 (Financial Year 2017-18) the Income tax Return in Form ITR-7 has been substantially revised. 
In order to claim tax exemption for the fiscal year 2017-18, all mandatory criteria laid down by the tax authorities must be fulfilled and the Return should be carefully filled with all the required details. 
We recommend that this function is not left to just your chartered accountant or statutory auditor. 
The Governing Board and Management of the trust or institution should also take active interest in ensuring that full and accurate information is submitted.
Please ensure the following compliance:

1. The return of income in the prescribed Form ITR-7 has to be e-filed on before the due date mentioned under section 139(1) (i.e. 30th September).

2. Audit report in Form 10 B also should be e-filed along with the above stated return.

3. To claim benefit of ‘deemed application’ under Section 11(1), Form 9 A has to be e-filed before due date mentioned under Section 139(1) (i.e. 30th September).
This form should be signed by a trustee or principal officer of the trust.

What is “Deemed application u/s 11(1) and when e-filing Form 9A is necessary?

According to Explanation 2 to Section 11(1), if in the previous year, a charitable organization is not able to utilize 85% of its income, due to the fact that such income was accrued but not received in the previous year or for any other reason (e.g. received towards the end of the fiscal year) then the organization has an option to apply such income in the year, immediately following the year of accrual of income.

4. To claim benefit of accumulation under u/s 11(2), Form 10 has to be e-filed before due date mentioned under Section 139(1) (i.e. 30th September).
This form should be signed by a trustee or principal officer of the trust.

Why and when should Form 10 be filed?

If the trust or institution is unable to apply at least eighty five per cent of its income in the previous year it may accumulate or set apart the unspent income for up to a maximum of five years.

In Form 10, the amount, the purpose for which the amount is accumulated or set apart, as also the period of accumulation/setting apart must be stated.

5. If in any of the projects/institutions run by the trust, one of the charitable purpose is "Any other object of general public utility" and the activity is in the nature of trade, commerce or business or service as referred to in the proviso to Section 2(15), then provide the aggregate annual receipts from such activity and its percentage in Schedule Part A.

6. In order to claim exemption under section 11, all incomes must be entered first in Schedule AI.

7. The details of projects/institutions run by the trust and details of registrations or approvals have to be necessarily provided in Schedule Part A.

The latest ITR 7 can be viewed or downloaded at:



  


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