NGO Taxation in Uttarpradesh are subject to taxation under the Income Tax Act, 1961. The provision for NGO taxation is laid down under Section 12A of the Income Tax Act, 1961 and Section 80G of the Income Tax Act, 1961
The formalities, procedures and cost of NGO taxation in India can vary depending on the size and complexity of the NGO. In general, the process of NGO taxation involves the following steps:
- Obtaining registration: The NGO will need to register for tax exemptions under Section 12A and/or Section 80G of the Income Tax Act, 1961 by submitting an application along with the necessary documents to the Income Tax Department.
- Filing of Income Tax Returns: The NGO will need to file income tax returns on an annual basis, even if it is exempt from paying taxes, by submitting the necessary documents and financial statements to the Income Tax Department.
- Auditing of Accounts: The NGO will be required to have its accounts audited by a Chartered Accountant and submit the audited financial statements to the Income Tax Department.
- Payment of taxes: The NGO will need to pay taxes on any income that is not exempt under Section 12A and/or Section 80G of the Income Tax Act, 1961.
The cost of NGO taxation can vary depending on the size and complexity of the NGO, as well as the hourly rate of the tax consultant. It’s important for NGOs to budget for the cost of taxation and to shop around for competitive prices.
The following are the documents that are generally required for NGO taxation:
- Audited Financial Statements
- PAN card and GST registration (if applicable)
- Address proof of the organization
- Trust Deed
Some of the key provisions related to the taxation of different types of NGOs in Uttarpradesh are:
- Trusts: Trusts are typically exempt from income tax under Section 11 of the Income Tax Act, 1961, provided they meet certain conditions, such as using the income for charitable or religious purposes and not having any income from prohibited sources.
- Societies: Societies are typically exempt from income tax under Section 12A of the Income Tax Act, 1961, provided they are registered as a charitable trust or a charitable society and meet certain conditions, such as using the income for charitable or religious purposes and not having any income from prohibited sources.
- Charitable Companies: Charitable Companies are typically exempt from income tax under Section 11 of the Income Tax Act, 1961, provided they meet certain conditions, such as using the income for charitable or religious purposes and not having any income from prohibited sources.
- Foreign Contribution Regulation Act (FCRA) registered organizations: NGOs registered under FCRA are also eligible for tax exemptions under the Income Tax Act, 1961, provided they comply with the regulations of FCRA.
- Income from Business: However, if the NGO carries out any business activities, the income generated from such business activities will be taxable as per the Income Tax Act, 1961.
It is important for NGOs to stay informed of the tax laws and regulations that apply to their organization, and to consult with tax professionals if necessary.