Tax Deductions for Donations

Donations made towards charitable institutions or causes are exempt from tax but have to be towards the specified organizations or specified funds and should be more than 10% of the total gross income.

According to the Income Tax of 1961, donations towards charity attract tax exemption under Section 80G, subject to terms and conditions. Individuals, companies and other organizations can enjoy tax deductions. Donations for specified funds and organizations, in case the amount is more than 10% of the total gross income, are eligible for tax deductions.

There are several institutions and trusts that carry out charitable activities. There are also several others who, in the name of charity, horde up on money. In order to differentiate between authentic and fake charitable organizations, the Indian Government has made it a rule that all charitable trusts be registered with the Income Tax Department. There are two kinds of registration - Section 12A and Section 80G. If a trust registers itself under Section 12A, then it qualifies for tax exemption under Section 80G of the Income Tax Act, 1961. A list of approved institutions, that includes corporate bodies, societies and trusts, having the 80G certificate is periodically released by the government. Here are some instances where the donor can avail tax benefits.

What is TDS on Donation to Trust?

Tax Deducted at Source (TDS) on donations is a mechanism where the donor may be required to deduct tax before giving the donation if certain conditions are met. When donations exceed specified limits, particularly to trusts or NGOs, the donor must deduct TDS as per Section 194N or other relevant provisions.

List of Institutions Eligible for Tax Deductions

Though in most cases there is no limit to the amount donated, some cases only accept a maximum of 10% of the total gross income. Here is the break-up of tax deductions under Section 80G:

  1. 100% deduction that has no qualifying limit
  2. 50% deduction minus the qualifying limit
  3. 100% deduction subject to a specific qualifying limit
  4. 50% deduction subject to a predetermined qualifying limit

Mentioned below are some institutions where tax exemptions can be availed based on the parameters provided:

100% Deductions:

Donations to the list of institutions provided below are eligible for total or 100% tax deduction. There is no qualifying limit when it comes to donating to these institutions:

  1. Army Central Welfare Fund
  2. Air Force Central Welfare Fund
  3. Indian Naval Benevolent Fund
  4. Approved educational institution or university of national eminence
  5. Chief Minister’s Earthquake Relief Fund, Maharashtra
  6. The Africa (Public Contribution – India) Fund
  7. Government/association/institution/local authority promoting family planning
  8. National or State Blood Transfusion Council
  9. National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities
  10. National Cultural Fund
  11. Prime Minister’s National Relief Fund
  12. Indian Olympic Association and any other notified associations
  13. Chief Minister’s or Lt. Governor’s Relief Fund
  14. Donations made to Zila Saksharta Samitis
  15. National Foundation for Communal Harmony
  16. Andhra Pradesh Chief Minister’s Cyclone Relief Fund
  17. National Sports Fund
  18. Prime Minister’s Armenia Earthquake Relief Fund
  19. National Illness Assistance Fund
  20. Central Govt.’s Fund for Technology Development & Application

50% Deductions:

Donating to the the below institutions’ list attracts 50% tax deductions. There is no qualifying amount to be donated towards these organizations:

  1. Donations to the local authority or government for charitable purposes. This does not include family planning.
  1. Indira Gandhi Memorial Trust
  2. World Vision India
  3. Jawaharlal Nehru Memorial Fund
  4. National Children’s Fund
  5. Any authority or corporation with income exemption under Section 10(26BB)
  6. Prime Minister’s Drought Relief Fund
  7. Udavum Karangal
  8. The Rajiv Gandhi Foundation
  9. Donations for renovation or repair of religious places

100% Deductions on 10% of Adjusted Total Gross Income

Donations made towards these funds will attract 100% tax deductions subject to 10% of the gross total income of the donor:

  1. Amount paid by an organization towards Indian Olympic Association
  2. Money donated to the local authority or the government in lieu of family planning promotions.

50% Tax Deductions on Donations up to 10% of Gross Income

Money donated towards charitable activities initiated by the local authority or government attract 50% tax deductions subject to 10% of the gross total income. The activities, however, do not include family planning promotions. Tax for the qualifying amount, which is calculated as 10% of the adjusted gross total income, is deductible under Section 80G of the Income Tax Act, 1961. The gross income is divided into the following parameters:

  1. Income referred to in Sections 115A, 115AB, 115AC, 115AD and 115D of the IT Act relating to foreign companies and non-resident Indians
  2. Exempted income
  3. Amount that is eligible for deductions under Sections 80CCC to 80U (excluding Section 80G)
  4. Long-term capital gains

Claiming Tax Exemption: Required Documents

The trust or charitable institution need not apply for 80G certificate renewal from October 1, 2009. The same certificate remains valid from the aforementioned date till thereafter, unless or otherwise specified by the department to apply for a renewal. The donor should present the following documents in order to avail tax benefit:

  1. In order to claim deduction, a stamped receipt issued by the trust is mandatory. The receipt should have details such as the name, address and PAN of the trust, along with the donor’s name and amount donated (written in figures and words). If the donation is eligible for 100% exemption, Form 58 should be availed from the Trust. Details such as cost of the project, actual amount, and amount authorized for the said project are covered in Form 58. The 100% tax deduction claim will be void in the absence of the Form 58.
  2. Mention of Registration No. of the Trust Under 80G on receipt:- The most important requirement is the Registration number issued by the Income Tax Department under Section 80G. This number must be printed on the receipt. Generally, the Income Tax Department issues the registration for a limited period (of 2 years) only. Thereafter, the registration has to be renewed. The receipt must not only mention the Registration number but also the validity period of the registration.
  3. The trust’s registration’s validity is essential, since tax benefits cannot be availed in case the trust has failed to apply for a renewal. Hence donor must always ensure that the registration is valid on the donation’s date.

Types of Donations Eligible for Tax Deductions

  1. Donations done in cash or cheques are eligible for tax exemptions. However, food packets, clothes, blankets, etc. donated during natural calamities or man-made disasters do not have any tax benefits. Tax deduction can only be availed if the donation amount is above Rs 10,000 and is paid via cheque or in cash.
  2. NRI can also make donations that will be exempted from tax, towards specified funds or institutions.
  3. Deduction from tax for charity donations, can be availed by the employee if the amount is deducted from the salary and the receipt is under the employer’s name. A certificate from the employer quoting that the contribution was made from the employee’s salary account can also help in availing tax exemption under Section 80G.

These were some areas where a donor can apply for and avail tax benefits. Before applying for tax deductions, it is essential to have all the documents in place, along with the 80G certificate’s photocopy.

FAQs on TDS on Donation to Trust

  • Can I claim tax deduction for donations made in cash?

    Yes, donations in cash up to ₹2,000 qualify for deductions under Section 80G. For amounts above ₹2,000, payments must be made via cheque, draft, or electronic mode to claim tax benefits.

  • Is TDS applicable on all donations to trusts?

    No, TDS applies only if the donation amount exceeds the threshold limit as per income tax laws and depending on donor category.

  • How long should I keep donation receipts for tax purposes?

    It is advisable to keep receipts for at least 6 years in case of any income tax scrutiny or audit.

  • Does donation to political parties qualify for tax deductions?

    No, donations to political parties do not qualify for deductions under Section 80G.

  • How Does TDS Apply on Donations to Trusts?

    TDS may apply if the donation amount is large, and tax must be deducted before donating to a trust.

  • Which Institutions are Eligible for Tax Deductions on Donations?

    Only registered charities and trusts with 80G certification qualify for tax deductions.

  • Are Donations Made in Cash Eligible for Tax Deductions?

    Cash donations up to ₹2,000 are allowed; above that, payments must be digital or by cheque.

Disclaimer
Display of any trademarks, tradenames, logos and other subject matters of intellectual property belong to their respective intellectual property owners. Display of such IP along with the related product information does not imply BankBazaar's partnership with the owner of the Intellectual Property or issuer/manufacturer of such products.