Friday, May 19, 2023

Form 10BD reporting donations by Charitable Institutes and deductions claimed by donor

 

Understanding Tax Deductions for Donations: A Guide to Section 80G

Introduction:

When you donate money to a charity or NGO, not only are you supporting a noble cause, but you can also avail tax benefits under Section 80G of the Income-tax Act, 1961. This provision allows you to reduce the amount of tax you have to pay based on the donations you make. However, claiming this deduction has become more stringent in recent times, requiring donors to obtain a certificate from the recipient organization. In this article, we will explore the process of claiming tax deductions under Section 80G and the importance of the certificate of donation.

1.       The Significance of Donation Certificates:

To claim a tax deduction under Section 80G, you need to show proof that your donated money has been received by the charitable institution or NGO. Previously, donation receipts were accepted as proof, but now a certificate downloaded from the income tax department's e-filing portal is required. This certificate, akin to a TDS certificate, verifies your donation and the amount contributed.

2.       Filing a Statement of Donations:

To facilitate accurate tracking of donations, the charitable institution or NGO must file a statement of all donations received during a financial year. This statement, known as Form 10BD, is filed electronically on the income tax department's e-filing portal. It should be submitted on or before May 31 of the subsequent financial year. By requiring this statement, the income tax department ensures that the donations reported by the institution match the deductions claimed by taxpayers.

3.       Requirements for Claiming Deductions:

When filing your income tax return (ITR), you must provide the details mentioned in the donation certificate issued by the recipient organization. This information should be accurately entered in the relevant sections of your ITR form for the corresponding financial year.

4.       Process for Donee Institutions:

To initiate the process, the charitable institution or NGO must first file the Form 10BD statement on the income tax department's e-filing portal. Once the statement is filed, the institution can download the donation certificates (Form 10BE) generated from the portal. These certificates serve as proof of donation for taxpayers, and each certificate contains a unique Donation Reference Number (ARN), as well as relevant details of the donee, donor, and donation.

5.       Obtaining the Donation Certificate:

To claim a deduction under Section 80G, you, as the donor, must obtain the certificate of donation from the donee institution or NGO. This certificate should be downloaded from the income tax department's e-filing portal and cannot be manually created by the organization. It is crucial to note that simply making a donation and obtaining the certificate is not enough; you must claim the deduction in your income tax return.

6.       Compliance and Consequences:

If the donee institution fails to file the statement of donations (Form 10BD) or provide the certificate of donation (Form 10BE) to the donor, there are consequences. The institution may be charged a fee of Rs 200 per day for the default period, up to a maximum amount. Furthermore, a penalty of up to Rs 100,000 may be imposed under Section 271K. These measures ensure that institutions adhere to the necessary filing and documentation requirements.

Conclusion:

Claiming a tax deduction under Section 80G for your donations to charitable institutions or NGOs requires a systematic approach. By obtaining a certificate of donation and adhering to the filing guidelines, you can avail the benefits offered by the Income-tax Act. Remember to file the statement of donations in a timely manner and download the certificate from the income tax department's e-filing portal. This process not only ensures transparency but also helps you claim deductions hassle-free. By supporting worthy causes and maximizing your tax

 

Summarised Procedure for Donor

flowchart summarizing the process of claiming tax deductions under Section 80G:

1.       Donate money to a charitable institution or NGO.

2.       Obtain a donation receipt or certificate from the recipient organization.

3.       Verify that the organization is eligible for tax deductions under Section 80G.

4.       File your income tax return (ITR) and provide the details mentioned in the donation certificate.

5.       Check if the organization has filed a statement of donations (Form 10BD) electronically on the income tax department's e-filing portal.

6.       Ensure that the organization has issued a certificate of donation (Form 10BE) to you.

7.       Download the certificate of donation from the income tax department's e-filing portal.

8.       Verify that the downloaded certificate contains a unique Donation Reference Number (ARN) and accurate information about the donee, donor, and donation.

9.       Claim the deduction under Section 80G in your ITR by mentioning the ARN from the certificate of donation.

10.   Submit your ITR and supporting documents to the income tax department.

11.   Ensure compliance with the filing and documentation requirements to avoid penalties and fees.

12.   Receive tax benefits based on the approved deduction amount.

 

Procedure for Charitable Institutions to Enable Donors to Claim Tax Deductions under Section 80G:

1.       Register as a charitable institution or NGO: Ensure that your organization is registered and recognized as a charitable institution or NGO eligible to receive donations for tax benefits under Section 80G of the Income-tax Act, 1961.

2.       Obtain necessary information from donors: When individuals or entities make donations to your organization, collect the following information from them:

·         Donor's name, address, and contact details

·         Donor's Permanent Account Number (PAN) or other acceptable identity proof numbers (Aadhaar number, tax identification number, passport number, etc.)

·         Purpose of the donation (e.g., corpus, specific grant)

3.       File a statement of donations (Form 10BD): Electronically file a statement of all donations received by your organization during a financial year using Form 10BD. This should be done on the income tax department's e-filing portal. Ensure that the statement is filed on or before May 31 of the subsequent financial year.

4.       Generate and issue certificates of donation (Form 10BE): Once you have filed the statement of donations, the income tax department's e-filing portal will enable you to download certificates of donation (Form 10BE) for individual donors. These certificates should be generated and issued by May 31 of the following financial year.

5.       Include necessary details in the certificate: The certificate of donation (Form 10BE) should include the following information:

·         Amount of donation received from the donor during the financial year

·         Unique Donation Reference Number (ARN)

·         Donee institution's details

·         Donor's details

6.       Send the certificate to the donor: Provide the donor with the downloaded certificate of donation (Form 10BE). This can be sent via email or through another appropriate method. Ensure that the certificate is received by the donor.

7.       Maintain records: Keep a record of all donations received, statements filed, and certificates issued. Maintain proper documentation and organize it in a systematic manner for future reference and audit purposes.

8.       Ensure compliance and timely filing: Adhere to the filing deadlines and comply with the guidelines provided by the income tax department. Failure to file the statement of donations or issue the certificates within the specified timelines may result in penalties and fees.

9.       Assist donors with claiming deductions: Educate donors about the importance of using the certificate of donation (Form 10BE) while filing their income tax returns. Encourage them to accurately enter the ARN from the certificate in 'Schedule 80G' of the ITR form to claim the deduction under Section 80G.

10.   Stay updated: Keep track of any updates or changes in the regulations and guidelines related to claiming tax deductions under Section 80G. This will ensure that your organization remains compliant and provides accurate information to donors.

By following these steps, charitable institutions can facilitate the process for donors to claim tax deductions under Section 80G, promote transparency, and fulfill their responsibilities in line with the requirements of the income tax department.

 

procedures for both donors and charitable institutions (donees) to enable tax deductions under Section 80G:

Procedure

Donor

Charitable Institution (Donee)

Select a recognized charitable institution

Make a donation

Obtain a donation receipt or certificate

File income tax return (ITR)

Claim deduction under Section 80G

Register as a charitable institution

Collect necessary donor information

File a statement of donations (Form 10BD)

Generate and issue certificates of donation (Form 10BE)

Provide the certificate to the donor

Maintain records

Comply with guidelines and timelines

By following these procedures, donors can ensure they make eligible donations and claim tax deductions, while charitable institutions (donees) can facilitate the process and maintain compliance with the income tax department's requirements.

Monday, May 15, 2023

 CELEBRATION OF FAREWELL  OF ABHILASHA AND APURVA AFTER 3 YEARS




TDS and TCS amendments and Rates for Fin Year 2023-24

 

Amendments to TDS and TCS in the 2023 Budget

In the 2023 budget, the Finance Minister announced several key proposed amendments related to Tax Deducted at Source (TDS) and Tax Collected at Source (TCS). These amendments aim to maintain continuity, simplify taxation, and reduce the burden of compliance for taxpayers. This article presents a summary of the proposed amendments in a tabular format for easy reference.

I. TDS Amendments:

Section

Amendment Details

194BA

Tax provisions for income derived from online gaming

- TDS to be deducted at 30% of net winnings at the end of the financial year or at the time of withdrawal

- TDS applicable on every rupee earned after deduction of entry fees

- Threshold of INR 10,000 not applicable for TDS on online gaming income

196A

Benefit related to tax treaty rate for non-residents earning income from mutual funds

- Non-residents can avail lower tax rate available in tax treaty by providing tax residency certificate

192A

Relaxation for employees without PAN in provident fund withdrawals

- Employees without PAN to receive accumulated balance after 20% tax deduction

193

Deduction of tax on interest on specified securities

- Tax to be deducted from interest on listed securities in dematerialized form

194N

Increased threshold for TDS on cash withdrawals by cooperative societies

- Threshold increased to Rs. 3.00 Crore from Rs. 1.00 Crore

194R

Clarification on deductibility of TDS on benefits or perquisites

- TDS to be deducted on benefits or perquisites, whether in cash or kind

155(20)

Credit of TDS in the year when income is offered to tax

- Assessee can claim credit in the financial year in which income is offered to tax

- Application for credit must be raised within two years of the financial year

II. TCS Amendments:

Section

Amendment Details

206C(1G)

Increased TCS rate on remittances abroad

- TCS rate increased to 20% from 5% for remittances under Liberalized Remittance Scheme and Tour Packages

- TCS on remittances for medical and education above Rs. 7.00 lakh to continue at 5%

- TCS on educational remittances from loans obtained from financial institutions remains at 0.5%

194I

TDS on rent payments

- Threshold for TDS on rental payments exceeding Rs. 2,40,000 in a financial year

TDS Rate Chart for FY 2023-24 (AY 2024-25): A table displaying the TDS rates for various sections is provided for reference.

Conclusion: The proposed amendments to TDS and TCS in the 2023 budget aim to simplify taxation, reduce compliance burden, and ensure accurate disclosures. These amendments address various aspects such as online gaming income, tax treaty rates, PAN requirements, interest on securities, cash withdrawals, and more. It is essential for taxpayers to familiarize themselves with these amendments to ensure compliance with the revised TDS and TCS provisions.

Saturday, May 13, 2023

CBIC has rolled out the Automated Return Scrutiny Module for GST returns

Ministry of Finance had issued a Press release dated May 11, 2023, regarding CBIC rolls out Automated Return Scrutiny Module for GST returns in ACES-GST backend application for Central Tax Officers. Smt. Nirmala Sitharaman had given directions to roll out an Automated Return Scrutiny Module for GST returns at the earliest. CBIC has rolled out the Automated Return Scrutiny Module for GST returns in the backend application for Central Tax Officers this week. This module will enable the officers to carry out scrutiny of GST returns of Centre Administered Taxpayers selected on the basis of data analytics and risks identified by the System. Implementation of this Automated Return Scrutiny Module has commenced with the scrutiny of GST returns for FY 2019-20, and the requisite data for the purpose has already been made available on the officers’ dashboard

Special Drive for Fake GST Registrations and to control GST revenue leakages

 

The Central Board of Indirect taxes and Customs (GST Policy Wing) has issued Instruction No. 01/2023-GST dated May 4, 2023, providing guidelines for a Special All-India Drive against fake registrations.

Highlights of the instruction are as follows:

Special Drive: A nation-wide effort should be launched on an All-India basis to detect suspicious/fake registrations and conduct necessary verification to prevent further revenue loss to the Government.

Common Guidelines: Common guidelines have been issued to ensure uniformity in action by field formations and to facilitate effective coordination and monitoring during the Special Drive.

Period of Special Drive: The Special Drive will be conducted from May 16, 2023, to July 15, 2023.

Identification of fraudulent GSTINs: Based on detailed data analytics and risk parameters, GSTN (Goods and Services Tax Network) will identify fraudulent GSTINs for both State and Central Tax authorities. The details of these suspicious GSTINs, categorized by jurisdiction, will be shared with the respective State/Central Tax administration for verification.

Information Sharing Mechanism: Close coordination among State Tax administrations, as well as between State and Central tax administrations, is crucial for the successful implementation of the Special Drive. Nodal officers will be appointed by each Zonal CGST Zone and State to ensure seamless data flow and coordination.

Action by Field Formations: Upon receiving data from GSTN (or DGARM) through the Nodal Officer, the tax officers in the respective jurisdiction will conduct a time-bound verification of the suspicious GSTINs. If it is found that the taxpayer is non-existent and fictitious after detailed verification, the tax officer will initiate immediate action to suspend and cancel the registration of the taxpayer under the provisions of Section 29 of the CGST Act, along with the relevant rules.

Recovery of Input Tax Credit: In addition to canceling the registration of the non-existing taxpayer, the recipients who have received input tax credit from such non-existing taxpayers will be identified through the details provided in FORM GSTR-1. Suitable action will be taken to demand and recover the input tax credit wrongly availed by such recipients based on the invoices issued by the non-existing supplier.

These guidelines aim to facilitate a coordinated effort to combat fake registrations, protect government revenue, and take appropriate action against non-existent and fraudulent taxpayers.

GST Scrutiny time extended for Delhi for Financial year 2017-18, 2018-19 and 2019-20

 The Department of Trade & Taxes, Government of N.C.T. of Delhi, has recently issued a crucial circular on 8th May, 2023, regarding the time-barring scrutiny of GST returns for Delhi taxpayers. This circular aims to inform taxpayers about the extended time limits specified under Section 73(10) of the CGST Act, 2017, for the issuance of orders under Section 73(9) concerning the recovery of unpaid taxes or incorrect utilization of input tax credit for the financial years 2017-18, 2018-19, and 2019-20.

The Central Board of Indirect Taxes & Customs (CBIC),has extended the time limits for issuing orders under Section 73(9) of the CGST Act, 2017. These time limits have been extended as follows:

  1. Financial Year: 2017-18 Time limit for issuance of order under sub-section (9) of Section 73 of the act: Up to 31st December 2023

  2. Financial Year: 2018-19 Time limit for issuance of order under sub-section (9) of Section 73 of the act: Up to 31st March 2024

  3. Financial Year: 2019-20 Time limit for issuance of order under sub-section (9) of Section 73 of the act: Up to 30th June 2024