Which trusts require audit under the Trust Act?
Public charitable and religious trusts registered under state Trust Acts such as the Maharashtra Public Trusts Act, 1950, are generally required to get their accounts audited if their gross income exceeds the threshold prescribed by the respective state. Most states require audit for any meaningful level of income or assets.
Who can audit a trust?
Only a Chartered Accountant in practice or a firm of Chartered Accountants can audit a public trust under both the Trust Act and the Income Tax Act. The auditor must be independent of the trustees and the day-to-day management of the trust.
What is the difference between Form 10B and Form 10BB?
Form 10B is the audit report for trusts and institutions claiming exemption under Section 12A or Section 10(23C) where total income exceeds prescribed limits or where foreign contributions or foreign application of income are involved. Form 10BB applies to other smaller trusts. The applicable form depends on income, foreign receipts, and nature of activities.
What schedules are filed under the Maharashtra Public Trusts Act?
Audited accounts of trusts in Maharashtra are filed in prescribed schedules including Schedule VIII (Balance Sheet), Schedule IX (Income & Expenditure Account), and Schedule IX-C (computation for contribution to Public Trusts Administration Fund). These are submitted to the Charity Commissioner along with the audit report.
Is FCRA audit mandatory for every NGO?
FCRA audit is mandatory only for trusts and associations registered under the Foreign Contribution (Regulation) Act, 2010 that receive foreign contributions. The audited accounts and utilisation details are submitted annually in Form FC-4 to the Ministry of Home Affairs through the FCRA portal.
What happens if a trust does not get its accounts audited?
Non-compliance can lead to penalties under the applicable state Trust Act, denial of tax exemption under Section 12A or Section 10(23C), loss of 80G donor benefits, suspension or cancellation of FCRA registration, and personal liability of trustees for irregularities.
Are CSR-implementing trusts subject to additional audit requirements?
Yes. Trusts that act as implementing agencies for CSR projects must maintain separate records of CSR funds received and utilised, comply with Form CSR-1 registration, and provide utilisation certificates to donor companies. Their audit usually includes a specific review of CSR fund flow and end-use compliance.