Trusts are legal entities that are created to hold and manage assets for the benefit of specific individuals or organizations. They are often used for estate planning, charitable giving, and other purposes. Trusts are subject to various regulations, including those related to accounting and financial reporting. One of the key requirements for trusts is the need for an annual audit.
Audit Requirement for Trusts
In India, trusts are required to undergo an annual audit if their total income exceeds a certain threshold. The threshold amount is currently set at Rs. 2,50,000. This means that any trust with an income of more than Rs. 2,50,000 in a financial year is required to have its accounts audited by a Chartered Accountant (CA).
The audit requirement is mandated by Section 12A of the Income Tax Act, 1961. This section provides for tax exemption for certain types of trusts, such as charitable trusts and religious trusts. However, in order to qualify for this exemption, the trust must meet certain conditions, including the requirement for an annual audit.
Purpose of Audit
The purpose of an audit is to provide an independent assessment of the trust’s financial statements. The auditor will examine the trust’s records and transactions to ensure that they are accurate and complete. The auditor will also assess the trust’s compliance with applicable laws and regulations.
The audit report provides assurance to the trust’s beneficiaries and other stakeholders that the trust’s financial statements are reliable and that the trust is being managed in accordance with its governing documents and the law.
Filing of Audit Report
The audit report must be filed with the Income Tax Department along with the trust’s annual income tax return. The due date for filing the audit report is the same as the due date for filing the income tax return, which is generally July 31st of each year.
Consequences of Non-Compliance
Failure to comply with the audit requirement can result in penalties and other consequences. The Income Tax Department may impose a penalty of up to Rs. 10,000 for failure to file an audit report. Additionally, the trust may lose its tax exemption if it fails to comply with the audit requirement.
The audit requirement for trusts is an important aspect of the regulatory framework governing trusts in India. The audit helps to ensure that trusts are being managed in a transparent and accountable manner. It also provides assurance to the trust’s beneficiaries and other stakeholders that the trust’s financial statements are reliable and that the trust is being managed in accordance with its governing documents and the law.
INCOME TAX RETURN, AUDIT MANDATORY FOR TRUST REGISTERED U/S 12AB & 80G REGISTRATION
FAQ
Is auditing trust mandatory?
Do trusts need an audit?
Do trusts get audited?
Is audit mandatory?
When should a trust be audited?
However, if the income of trust (before claiming deduction u/s 11 & 12) exceeds amount not chargeable to tax for the previous year (i.e Rs. 1.6 lac), the trust should get it accounts audited u/s 12A (1) (b) and audit report should be furnished in Form 10B. How do you audit a trust account?
Does a trust need to be audited under Section 11?
[Emphasis Supplied] The guidance note on Tax Audit suggests that even if the business income of the trust is to be computed under Section 11, it will have to get its accounts audited and furnish such audit report for purposes of section 44AB if its turnover in business exceeds the prescribed limit.
When should a trust file a tax audit report?
Trusts, institutions, universities and hospitals registered under section 12A must file a tax audit report while filing form 10B. The due date for Form 10B as per the law for any previous year is usually one month before the income tax return filing due date.
When a trust needs a chartered accountant?
(b) Compulsory Audit: Where the total income of the trust or institution, exceeds the basic exemption limit, that is, Rs. 2, 50,000/- in any previous year, the accounts of the trust or institution is required to be audited by a qualified Chartered Accountant, and the audit report in Form No. How many audits can a CA do?