Section 12AB of Income Tax Act, 1961- Provisions & registration procedure

Is registration of a trust mandatory?

• It is mandatory for a trust to get the registration under section 12AB of the Income tax Act, 1961 so as to claim exemption under Section 11.

Form to be used to apply for registration?

• A trust is required to apply for registration in Form No. 10A

Documents to be furnished along with application form?

• The following documents which are required to be furnished along with application Form No – 10A are:

(a) where the trust is created, or the institution is established, under an instrument, self-certified copy of the instrument creating the trust or establishing the institution;

(b) where the trust is created, or the institution is established, otherwise than under an instrument, self-certified copy of the document evidencing the creation of the trust, or establishment of the institution;

(c) self-certified copy of registration with Registrar of Companies or Registrar of Firms and Societies or Registrar of Public Trusts, as the case may be;

(d) self-certified copy of the documents evidencing adoption or modification of the objects, if any;

(e) where the trust or institution has been in existence during any year or years prior to the financial year in which the application for registration is made, self certified copies of the annual accounts of the trust or institution relating to such prior year or years (not being more than three years immediately preceding the year in which the said application is made) for which such accounts have been made up; note on the activities of the trust or institution;

(f) self-certified copy of existing order granting registration under section 12A or section 12AB, as the case may be; and

(g) self-certified copy of order of rejection of application for grant of registration under section 12A or section 12AB, as the case may be, if any.