Form 10A and Form 10AB for Trust Registration

Form 10A and Form 10AB for Trust Registration The Finance Act, 2020 has made changes leading to a complete overhaul in the registration process of cha

Form 10A and Form 10AB for Trust Registration

The Finance Act, 2020 has made changes leading to a complete overhaul in the registration process of charitable and religious organizations. The procedure for registration of every organization under the new scheme shall be completely electronic under a centralized database.

Form 10A and 10AB has been prescribed in these new rules for the registration of the Trust U/s 12A & 80G and approval U/s 10(23C) sub-clause (iv) or (v) or (vi) or (via) & 35(1) sub-clause.

A new section 12AB has been inserted with effect from 1st April 2021 dealing with the procedure of registration. Earlier, trusts or institutions were registered under section 12AA or under section 12A.
Further, the rules relating to the provisions have also been amended by Income Tax Notification 26th March 2021.

From 10A and 10AB has been prescribed in these new rules for the registration of the Trust U/s 12A & 80G and approval U/s 10(23C) sub-clause (iv) or (v) or (vi) or (via) & 35(1) sub-clause. 
As per New law Form, 10A or 10AB is required to be filed for re-registration/ fresh registration or approval as the case may be. Let’s find out who require to fill Form 10A and 10AB?

Form-10A:

Who is required to fill Form-10A?
1. Trust/institute already registered under the previous law effective immediately before 1st April 2021.

• Fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in sub-clause (iv) or (v) or (vi) or (via) of section 10(23C) approved under the first proviso
• Trust/Institute registered under section 12A or 12AA
• Institution/fund approved under clause (vi) of section 80G(5)
• research association, university, college, or other institution referred to in clause (ii) or clause (iii) or the company referred to in clause (iia) of section 35(1)

Time limit: The time limit of 3months from the date on which the provision came into force. i.e., 30th June 2021 is the time limit for application as the effective date is 1st April 2021

2. Trust/institute not registered under the previous law and want to make an application for fresh Registration or Approval under the new law or any other case then it required to file Form 10A.
Fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in sub-clause (iv) or (v) or (vi) or (via) of section 10(23C) approved under the first proviso clause (iv)

• Trust/ Institute – [ sub-clause(vi) Clause (ac) of section 12A(1)]
• Institution/fund approved under the clause (vi) of section 80G(5) [ proviso clause (vi)]

Time Limit: At least one month prior to the commencement of the previous year relevant to the assessment year from which the said approval is sought

From-10AB:

Who is required to fill Form-10AB?

1. Trust/ Institute registered or approved as per the new law effective from the 1stApril 2021 and the period of approval is due to expire.

• Fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in sub-clause (iv) or (v) or (vi) or (via) of section 10(23C) approved under the first proviso effective from 1st April 2021
• Trust/Institute registered under section 12AB
• Institution/fund approved under the proviso of clause (vi) of section 80G(5) effective from 1st April 2021

Time Limit: Trust/ Institute should apply at least 6 months prior to the expiry of the period.

2. Trust/ Institute provisionally registered or Provisionally approved as per the new law effective from the 1st April 2021 and the period of Provisional approval is due to expire or activities have been commenced (Provisional approval or registration will be given for a period of 3 years from the assessment year from which registration is sought and Approval or Registration will be given for a period of 5 years.)

• Fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in sub-clause (iv) or (v) or (vi) or (via) of section 10(23C) approved under the first proviso effective from 1st April 2021
• Trust/Institute registered under section 12AB
• Institution/fund approved under the proviso of clause (vi) of section 80G(5) effective from 1st April 2021

Time Limit: Trust/ Institute should apply

• At least 6 months prior to the expiry of the period Or
• Within6 Months from the date of commencement of its activities

3. Trust/institution has become inoperative due to the first proviso to sub-section (7) of section 11 [ sub clause(iv) Clause (ac) of section 12A(1)].
Time Limit: At least six months prior to the commencement of the assessment year from which the said registration is sought to be made operative.

4. Where the trust /institution has adopted or undertaken modifications of the objects which do not conform to the conditions of registration [sub clause (v) Clause (ac) of section 12A(1)]
Time Limit: Within a period of 30 days from the date of such adoption or modification.