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Question ID : 31644

Taxability of Unregistered Trust

My client is having a Charitable trust for women empowerment. He has apllied for 12AA registration which is pending for approval. For FY16 ITR-7 was filed and tax was calculated based on slab. There is only one trusty in the trust and the taxable income of the trusty was below the taxable limit. In the intimation us 143(1), received from Department, tax was calculated @ MMR. Kindly let me know how to proceed with the intimation and taxability of income of Trust.

Posted by Vivek Khemka on May 22, 2018

Filed Under MISC.

Answer ID : 68657

trust is taxable at MMR if not registered.

Posted by VINAY BHARGAV KUMAR G on May 22, 2018
Answer ID : 68660

Since approval is pending, so it means trust is unregistered. Tax is to be calculated at MMR. Department is right.

Posted by CA. SATISH CHAND GARG on May 22, 2018
Answer ID : 68690

Since approval is pending trust is unregistered. Tax is to be calculated at MMR. But there is time limit for disposing off the application. If subsequently registration is granted ascertain whether you can file rectification application because registration would be granted from the date of application for registration.

Posted by CA. JAIN JAWAHAR LAL on May 26, 2018