A Trust is one of the oldest and most reliable forms of non-profit organization in India, established under the Indian Trusts Act, 1882 (for private trusts) or the Charitable and Religious Trust Act, 1920 (for public trusts).
It is created when a settlor (founder) transfers property or assets to trustees to be used for a specific charitable, educational, religious, or social purpose.
Trusts are ideal for individuals or groups who wish to promote welfare, education,
healthcare, or spiritual objectives without seeking profit.
Registering a trust provides a legal framework to manage charitable assets and operations effectively. It ensures:
• Legal recognition to receive donations and manage funds
• Eligibility to apply for 12A and 80G tax exemptions under the Income Tax Act
• Transparency and accountability in fund utilization
• Protection of trust property and continuity beyond the founder’s life
• Credibility with CSR donors, government grants, and foreign funding agencies
• Governed by the Indian Trusts Act, 1882 or respective state trust laws (e.g., Maharashtra Public Trusts Act).
• Registration under 12A exempts the trust’s income from taxation.
• 80G registration allows donors to claim tax deductions.
• Annual filing of Income Tax Return (Form ITR-7) is mandatory.
• Audit is compulsory if the total income exceeds the prescribed limit (usually ₹2.5 lakh).
• Must maintain proper accounts, minutes, and donation registers.
| Registration Type | Purpose |
| PAN (Trust) | For income tax compliance |
| 12A Registration | Income tax exemption for trust income |
| 80G Registration | Tax deduction for donors |
| FCRA Registration | For accepting foreign donations |
| GST Registration | If trust provides taxable services |
| Bank Account | For managing donations and expenses |
A Trust may be converted into a Section 8 Company or Society when:
• You require higher regulatory credibility and transparency
• You want to expand operations across multiple states
• You need corporate status for grants, FCRA, or CSR eligibility
| Parameters | Trust | Society | Section 8 Company |
|---|---|---|---|
| Governing Law | Indian Trusts Act, 1882 / State Acts | Societies Registration Act, 1860 | Companies Act, 2013 |
| Minimum Members | 2 Trustees | 7 Members | 2 Directors & Shareholders |
| Legal Status | Not a separate legal entity | Separate legal entity | Separate legal entity |
| Liability | Limited to trust property | Limited | Limited |
| Tax Benefits | 12A & 80G | 12A & 80G | 12A & 80G |
| Audit Requirement | Based on income | Based on income | Mandatory |
| Compliance | Low | Moderate | High |
| Fundraising | CSR and donations | CSR and donations | CSR, grants, and FCRA |
| Perpetual Succession | Yes | Yes | Yes |
| Cost of Formation | Low | Moderate | Moderate |
| Best Suited For | Charitable/religious causes | Cultural or educational NGOs | Large-scale NGOs and CSR entities |
A Trust is a legal arrangement where the settlor transfers assets to trustees to be used for charitable, educational, or religious purposes.
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