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Income Tax Rules Mandating 85% Utilisation of Funds for Charitable or Religious Institutions

In India, charitable institutions enjoy tax exemption under Section 11 and 12 of the Income Tax Act, 1961, provided they comply with certain conditions, including the utilisation of income for charitable or religious purposes. If they under-utilise funds, i.e., do not spend the required percentage of their income within the stipulated time, specific rules and consequences apply.


🔍 Key Income Tax Rules on Under-Utilisation by Charitable Institutions:

1. Application of Income – 85% Rule [Section 11(1)(a)/(b)]


2. Accumulation of Income [Section 11(2)]

If the institution cannot spend 85%:


3. Failure to Utilise Accumulated Income

If the income accumulated under Section 11(2) is:

then such income becomes taxable in the sixth year or in the year of diversion.


4. Deemed Application in Case of Non-Receipt [Explanation 1 to Section 11(1)]


5. Taxability of Under-Utilised Funds


6. Audit Requirement [Section 12A(1)(b)]


⚠️ Practical Implications


✅ Best Practices

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