Wednesday, October 8, 2008

Tax Liability on Anonymous donations

Anonymous donations in the hands of individuals would be governed by the relevant clause of Section 56 dealing with gifts. If gifts have been received in cash during the previous year in excess of Rs 50,000 in aggregate, the entire gifts would be treated as one’s income.
However in the hands of educational institutions and hospitals claiming tax exemption under Section 11 or Section 10(23C), such anonymous donations would attract 30 per cent tax. For good measure, Section 115BBC defines ‘anonymous donation’ as any voluntary contribution received from sources whose identity, including name and address, has not been recorded.
Presently it is stated that any voluntary contribution in respect of which the charitable trust/institution does not keep desired records then it would be deemed to be an anonymous donation.
Presently it is provided that in respect of voluntary donations if the name and address of the person contributing for voluntary donations are not maintained in such event these donations would be treated not as “Voluntary Donations” but as “anonymous donation” and thus subjected to a maximum marginal rate of 30% tax.

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