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PKS CORPORATE SERVICES PVT LTD

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Trust Registration in India

a Trust can be form in India - Ideal for Firm/LLP or Companies, looking to ensure ontime compliance from Tax Expert

  • as a Public (Charitable) or Private Trust
  • with Jurisdictional Registrar or Charity Commissioner
  • under Indian Trusts Act, 1882 with minimum 2 members

Our Pricing Starts @ Rs 24,999/- + 18% GST | 20-25 days Processing time

Trust formation in India at a glance

A Trust is registered and governed by Indian Trust Act, 1882. Income Tax Act, 1961, defines a Trust as “An arrangement by which property is handed over to or vested in a person, to use and dispose off for the benefit of another person”. Creation of a Trust can be broadly classified into two methods namely

  • Public Trust (Charitable Trust); and
  • Private Trust formation.

Simply, a trust is legally created body, wherein property is transferred from its owner to the trust for lawful purpose. Usually we hear the word trust for religion or charitable purpose; however, there is no such restriction. There are even sports academies also can be registered as trusts.

In India, even many societies are registered as a public charitable trust. Often, you’ll even hear of the wealthy creating private trusts; this is done because of the tax-efficient nature of the trust (because dividend distribution tax or minimum alternate tax do not apply). It is the easiest way to transfer than making a will.

However, it does much involve more effort to register a trust than to write a will. Take the help of pks Consultants to form your Trust. Our pks Service is convenient and hasslefree.

Documents Requirement for

Our Service Coverage

After Company incorporation, you will receive below documents 

  • Company Certificate of Incorporation
  • Memorandum of Association & Article of Association (MOA & AOA)
  • PAN Card and TAN Allotment
  • EPF & ESI Registration
  • Digital Signatures (Class 2)
  • Directors Identification Number (DIN)
  • Assist in Bank A/c Opening
  • Professional Tax Registration (if required)
  • GST Registration (Optional)

Our Service Package for Trust Formation includes

Consultation

First, we provide consultation to our client, which helps to take important notes on Trust formation and Trust Deed, registration procedure, documents requirements along with formation cost.

Documentation

Once the client decide , we starts preparing and collecting all documents and relevant information to form the trust.

Prepare Trust Deed

Most important work is Drafting of Trust Deed. Which is most important document of the registration process.

Application Filing

Once the All required documents ready and signed by all members, we file the application with concern Authorities. In Case Trust Registration, Filing process is offline in most of the states.

Updation

We update time to time the present status of the application. At first, Concern authority approve the Trust Name and secondly approve the filed Trust Deed in this complete registration process.

Registration Certificate

On completion of whole process, Concern Authority approves the Trust and issues a registration Certificate. We dispatch Certificate immediately to client on Email and physical copy by post.

Trust Registration Process in India

Prepare Documents
Prepare all the required documents as per guidelines of Trust Registration issued by Registrar or Charity Commissioner under the Trust Act. Decide the name of the Trust.
Draft Trust Deed
Prepare a Trust Deed. Here professional's help is required.
File Application with Documents
File application along with required documents and Trust Deed with jurisdictional Registrar or Charity Commissioner. Filing process is Party Online in few states, other wise the whole process is offline and need to visit Authority.
Pay fee and Stamp duty
Make the payment of Govt. fees by Online/Cash/any other mode as the Registering authority accepts. A Stamp duty as per rate prescribed in the state shall be payable on assets value vested with the Trust.
Registration Certificate
Once the name and Trust Deed approved, the Authority - Registrar or Charity Commissioner, issues Registration Certificate. This complete process takes atleast 25 to 90 days by the authority in normal course.

Major elements of the Trust

Trusts are created when the settler of the property transfers property or provides benefits for the welfare of beneficiaries or for the usage of public purposes. A Trust formed with the aim to utilise the assets of the Trust to attain well being of public at large and promote a charitable cause is called a Public Charitable trust. Such trust do not have a fixed beneficiary, but the public in large, generally demarcated with common trait. E.g. for a Public trust located in a city the beneficiary may be the illiterate kids in the slums of the city.

The Major elements of the Trust is summarised below

80G and 12A Registration of a Trust under Income Tax Act in India

80G Registration with Income Tax for a Charitable Trust

Donations made to a Charitable Trust registered under section 80G are permissible for 50% deduction from the taxable income of the donation made for such a person or an organisation making the donation.

e.g. If a Person makes a donation of Rs. 10000 to an organization with 80G registration then the person can avail Rs. 5000 as deduction from his/her taxable income. Which encourages people to make more donation with 80G registered Organisation.

80G is a onetime registration with lifetime validity.

How to Register for 80G:-

12A Registration with Income Tax for a Charitable Trust

Section 11 and 12 of the Income- Tax Act 1961 are the most important sections of Income tax for Religious and Charitable trusts. The taxation of trusts formed with the objective of providing relief to the underprivileged, work for environment, general public benefit, religious purpose, etc fall under this section. The section defines what part of Income of such trust is taxable and what is exempt. The Income can be derived from capital gain from the assets of the Trust, its activities, or from donations.

Section 12AA of the new Income Tax act defines how a trust can register under these sections. An application is to be made using form 10A along with relevant documents to the Income Tax Commissioner. This is one time registration and to avail Tax exemption, NGO needs to register under section 12A.

How to Register for 12A:-

Trust Deed and Its major Elements

A Trust Deed is an essential instrument of a Trust. Though it is non mandatory but desirable as it is enforceable by law. A Trust Deed become must when there is a property involved, so as to provide a prima facie evidence of the existence of the trust

The Trust Deed shall be prepared on a stamp paper whose value should be of certain percentage of the total value of Trust’s property. This percentage varies from state to state, for example, in Delhi this value is 8%.

The elements of that Trust deed which should be present in it are:-

In case of any changes in Trust Deed, includes chances of regisrtered office, trustees, objects, a new deed is need to be prepared and register in the Registrar Office within the time limit of such chagnes taken place.

FAQs

Our Professionals possess deep exposure in Trust formation. We help you smoothly form your Trust.

Yes. We do serve our clients PAN India from our Branch Offices and Associate Consultants in Major Cities.

A deed isn’t mandatory for the formation of a trust. A trust can be formed by a deed or a mere oral agreement. However, it is advisable for charitable trusts and trusts with immovable property to have a trust deed. In some cases where trust deed is not available, documents such as revenue records for lands, property tax receipts, affidavits and other such documents, may be accepted in the place of a formal trust deed.

A trust can be public even if the control of the trust property was not vested in the public but was retained by the settlers, provided that the funds are utilised for the welfare of the public, which makes it clear that the public trust can be headed and controlled by a private entity.

In the normal course takes 25 to 90 days.

District Registrar or Sub-Registrar or Charity Commissioner

No. Filing process is Party Online in few states, other wise the whole process is offline and need to visit Authority.

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