LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

skumar (abc)     06 March 2015

Formation & registration of trust

We 2-3 persons want to create a trust for social activities like Spiritual discourses, education and medical aid for poor etc. Initially when the Trust will be created there would be no property and there would be no owner. The trust will utilize the collections made by the Trustees or any charity from outside. anyone person among us could hold the funds collected. Then in Trust Deed, what should be mentioned that who will hold the funds collected (even if it is a very small amount), what should be clause in Trust deed? Who will be the Settlor in this case?

Under which Act should we create Trust ? Indian Trust Act 1882 or Charitable and Religious Trusts Act 1920?

Is “General public” be the beneficiary in this case?

Shall these 2-3 persons be trustees (who will be the owner)? Who shall be the author/authors of the Trust Deed?

Shall the Trust deed be executed on non-judicial paper? If yes, then what should be the value of paper?

Is it necessary to get the Trust registered (if it is a public trust)? With which Authority?

Is registration with Income Tax dept. (for Tax exemption) necessary?

What is the registration procedure with Income Tax dept? Time duration for registration?

Is the audit of the Trust mandatory (even if it is small trust with few funds)? Or if Income Tax is NIL on computation?

Does the TRUST have to file the income Tax return every year?

Should the method of winding up the trust be mentioned in the Trust Deed?

regards



Learning

 1 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     07 March 2015

Dear, We understand that you are interested in creating the trust for social purposes .... Though there are lot of legal requires under the Indian Trust Act, Income Tax Act and other allied laws ..... It is necessary to understand precise and exact requirement so would request to contact and discuss regarding the same ..... CA Karan Chandna 9871563826

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register