Overview of the Annual Trust Compliance

A Trust is described as a Trust in Section 3 of the Trust Act of 1882; it is a legally constituted entity in which the owner is the Trustee and the beneficiary is the Trustee. The primary purpose of the creation of the Trust is to ensure that the transfer of property is easy for the owner of the property to the Trust in the Trustees' name under the terms of the Trust Deed. In India, all Trusts registered are governed and run under the Indian Trust Act of 1882. The registered Trusts in India must adhere to the Act's legal guidelines. Also, in addition to the provisions and trust registration, other annual Trust Compliances must be attached regularly to avoid penalties.

The Trust's annual Compliances

Private trusts in India must follow the provisions of the I.T. Act, its Rules and Regulations, and other relevant laws. As far as trust annual compliances are concerned, the standard annual Compliances are as follows:

Auditing Accounts

If the Trust's total income exceeds the thresholds prescribed by the Income Tax Act, 1961, for non-taxable income, a CA (Chartered Accountant) must audit the Trust.

The Annual Returns

after a Chartered Accountant has examined the Trust accounts, the audit report must be prepared. The report of the audit of accounts should be filed and submitted on Form No. 10B. The report must be filed together with the annual return of income filed on Form ITR-7.

Foreign Contributions Report

Every Trust in India needs to provide the Foreign Contributions Report. There are two kinds of trusts: one that receives Foreign Contributions and another that does not. If a Trust gets unfamiliar commitments, it is expected to send a report to the Secretary of Service of Home Undertakings (MHA), Legislature of India (Govt), New Delhi.

The report must be signed by a Chartered Accountant and accompanied by the Income and Expenditure Statement, the Receipts and Payments Account, and the Balance Sheet no less than nine months after the close of the Financial Year (F.Y.). If no contribution was received during the current fiscal year, a "Nil" report must be filed.

Publication of accounts Publication of the Accounts in the local newspaper when the annual income or revenues of the Trust, which were derived from the Trust property, are greater than 1 crore.

Tax Returns and Filing If the Trust has a GSTIN, it must submit GST Refunds each month or every quarter (as could be required).

Submission of TDS Return and Issuance of TDS Certificates If a Private Trust in India is taking tax deductions at source on salaries that employees and staff receive, It is required to issue certificates for TDS to the individuals on behalf of whom TDS was taken. This must be done within a month of the end of the Financial Year. Also, the monthly returns on TDS should be submitted.

Essential Documents to File Trust Annual Compliance

The following are the essential documents needed to file Trust Annual Compliance in India:

Name and address for the Trust;
Name and address, as well as the Aadhar card, of the trustees
PAN Card of the Trust;
Audit Report prepared by C.A. (including Audit Report, Income and Expenditure Statements and the calculation of contributions, balance sheet, etc.);
Certification of Membership for C.A. that ICAI issues;
Affidavit of trustees;
Other documents, as necessary.

How do I file my annual Online using Dobizindia Business Solution Pvt. Ltd.?

A Simple Checklist: A compliance expert will contact you to remind you about the different due dates on Trust Annual Compliance Filing Forms and will provide you with your documents and a checklist. Please fill out the checklist and send it with the required documents to be processed.
Check Documents: When we have all documents required for processing Trust Annual Compliance, our experts will review the records and proceed with the return preparation.
Filing Completed: Filing Completed your compliance forms for filing with the relevant authorities. After you approve it, we will submit it with the Trust's annual return forms. After we've filed the form, we will mail you an acknowledgment receipt via email to your registered email address.

There are two types of Trust:

Who can create Trust in India?

A Trust can be established through:

Any person competent to contract, including individuals, AOP, HUF, Company, etc.
if you want to establish a Trust set up for the benefit of the minor, the approval of the Principal Civil Court (PCC) of jurisdictional origin is necessary.

Furthermore, it depends on the law at the particular moment in time and the degree to which the Trust author plans to dispose of the assets.

Registering a private trust in India

To register in the form of a Private Trust, The following are the steps to be taken: A Trust Deed must be written using stamp paper of the required value. The Trust Deed should incorporate the Trust Name, address, the object of the Trust (whether magnanimous or strict), the Settlor, two Legal administrators, and the property being referred to, i.e., immovable or movable property. In the Act, Private Trusts wishing to register are required to file the following documents with the local Registrar:

Trust Deed on Stamp Paper of the required amount;
One passport-sized photograph and duplicate of the identity document of the Settlor and two of the trustees and both witnesses separately;
The signature of the Settlor is on all pages of the Trust deed.
Two persons must be brought as witnesses to seal the Trust deed.
The Trust Deed must be presented to the Registrar in question along with a photocopy to be used for the registration of the Trust. The photocopy must also contain the Signature of the settler on each page. At the time of Actual Registration, The Settlor and two witnesses must be present in person with their original identification proof.
The Registrar will keep the photocopy and then return the original, registered copy of the Trust Deed to the concerned parties.