Which trusts are required to be audited?
Public charitable and religious trusts registered under state Trust Acts such as the Maharashtra Public Trusts Act, 1950 are required to get their accounts audited if their gross income exceeds the threshold prescribed by the respective state. Trusts claiming exemption under Sections 12A or 10(23C) of the Income Tax Act also need a tax audit.
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.
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 additional audits apply if the trust receives foreign contributions or CSR funds?
Trusts receiving foreign contributions must comply with the Foreign Contribution (Regulation) Act and submit annual audited accounts in Form FC-4. Trusts acting as CSR implementing agencies must maintain separate records of CSR funds, comply with Form CSR-1 registration, and provide utilisation certificates to donor companies.
What is the 85% application rule?
Trusts claiming exemption under Section 11 are generally required to apply at least 85% of their income for charitable or religious purposes during the relevant year. Where this is not possible, the trust may opt to accumulate the unutilised income subject to specific conditions, including filing of Form 10 within prescribed timelines.
What is the role of Form 10BD and Form 10BE?
Form 10BD is a statement of donations filed by trusts approved under Section 80G or Section 35, capturing donor-wise details of contributions received during the year. Form 10BE is the certificate of donation issued to donors based on Form 10BD, which they use to claim their tax deduction.
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 and misuse of funds.