Chartered Accountants in India, working with clients across the USA

Audits for trusts and non-profits

Trust audit services for charitable trusts and non-profits in India

Charitable trusts in India usually need two audits: one under the income-tax law to keep their tax exemption, and one under the state law they are registered under. We carry out both, keep the trust's registrations in good standing and help NRI founders and US donors understand what the Indian rules require.

Income-tax audit
Form 10B or 10BB, replaced by Form 112
State law
Public trusts acts, such as Maharashtra's
Foreign donations
Need FCRA registration and audit
Tax return
Filed after the audit report

Trust audits in India: income-tax, state law and foreign contribution

A trust's tax exemption in India depends on registration, proper use of its income and timely audit. The rules were tightened over the past few years and were carried into the Income-tax Act, 2025. This guide explains the audits a trust needs, what the auditor checks and the deadlines that matter.

The audits a trust may need

A trust may need several of these in the same year.
AuditLawWhen it applies
Income-tax auditIncome-tax ActRegistered trusts and institutions whose total income, before exemption, exceeds the basic exemption limit
State trust law auditState public trusts acts, such as the Maharashtra Public Trusts ActPublic trusts registered under that state's law, as the law requires
FCRA auditForeign Contribution (Regulation) Act, 2010Trusts receiving foreign contribution, through the FCRA audit and annual return
Other auditsGST, Companies Act or grant conditionsTrusts registered under GST, section 8 companies, or grant agreements requiring audits

Income-tax audit for trusts

Trusts and institutions registered for exemption must get their accounts audited if their total income, computed before the exemption, exceeds the basic exemption limit. Under the 1961 Act, from the 2023-24 assessment year, the audit report is filed in one of two forms:

  • Form 10B where total income before exemption exceeds ₹5 crore, the trust has received foreign contribution, or it has applied income outside India
  • Form 10BB in other cases

Under the Income-tax Rules, 2026, Forms 10B and 10BB are replaced by a single audit report, Form 112. The report is due one month before the return due date, normally by September 30, and the trust then files its return of income.

Using funds correctly

The core of a trust's tax exemption is that its income is used for its charitable or religious objects. Under the 1961 Act, a trust generally had to apply 85% of its income in the year, could accumulate the rest only for specified purposes and periods with the prescribed form filed, and could not give benefits to founders, trustees and their relatives. These principles carry into the 2025 Act's provisions for registered non-profit organisations, so the audit tests them every year.

  • Income received, income applied and amounts accumulated, year by year
  • Spending outside India, which needs specific approval
  • Loans or advances to related persons, and payments at above-market rates
  • Donations to other trusts, and whether they count as application

What the auditor checks

  • Registration and approvals are valid, and renewed on time
  • Donations are recorded donor-wise, with corpus donations kept separate
  • Anonymous donations are identified and treated as the law requires
  • Income is applied to the trust's objects within the time allowed, or accumulated with the prescribed form filed
  • No benefit is given to founders, trustees, their relatives or other specified persons
  • Investments are made only in the modes the law permits
  • Donor statements and donation certificates are filed and issued correctly
  • Business income, if any, is incidental to the objects and accounted for separately
  • TDS is deducted on payments to staff, consultants and contractors

Common issues in trust audits

  • Donations received in cash without full donor details
  • Corpus donations mixed with general donations
  • Income not applied within the time allowed, and accumulation forms not filed
  • Payments to trustees or their relatives without clear justification
  • Investments made in modes the law does not permit
  • Statements of donations not reconciled with receipts in the books
  • Foreign donations received without FCRA registration
  • Registrations not renewed on time, putting the exemption at risk

Annual compliance calendar for a registered trust

New form numbers under the Income-tax Rules, 2026 apply from the 2026-27 tax year.
ItemUsual timingForm (old / new)
Statement of donations receivedBy May 3110BD / 113
Donation certificates to donorsBy May 3110BE / 114
Accumulation of income, if anyBy the date the law sets, ahead of the return10 / 109
Audit reportOne month before the return due date10B or 10BB / 112
Return of incomeReturn due date, usually October 31Trust return form
State trust law audit reportAs the state law requiresState form

Registrations themselves need renewal, usually every five years, and provisional registrations must be converted within the time allowed. Our 12A and 80G registration service handles these.

State trust law audits

Public charitable and religious trusts registered under a state public trusts act must keep accounts and have them audited under that law. In Maharashtra, for example, the Maharashtra Public Trusts Act requires public trusts to have their accounts audited and the auditor's report filed with the Charity Commissioner's office. Our Charity Commissioner submission service covers the filing.

State audit reports and income-tax audit reports should tell the same story. We prepare both from the same audited accounts, so differences in format do not lead to differences in numbers.

NRI founders and US donors

US donors usually cannot claim a US tax deduction for a gift made directly to an Indian charity. Many donors give through a US-registered charity that supports Indian programmes, and that charity then follows its own US rules on grants abroad. Your US adviser can explain the US side; we handle the Indian audit, registrations and reporting.

Other trusts we audit

  • Employee trusts: gratuity trusts, superannuation trusts and ESOP trusts set up by companies
  • Section 8 companies: non-profit companies that also need a statutory audit under the Companies Act
  • Societies: registered societies running schools, colleges and hospitals
  • Private and family trusts: accounts and tax compliance for trusts holding family assets

Trust, society or section 8 company?

Simplified comparison. Requirements vary by state.
FeaturePublic trustSocietySection 8 company
Registered underState public trusts act or as a private deedState societies registration actCompanies Act, 2013
Main auditIncome-tax and state trust lawIncome-tax and state lawStatutory audit and income-tax
GovernanceTrustees under the deedGoverning body elected by membersBoard of directors
Regulator filingsCharity Commissioner or state authorityRegistrar of SocietiesRegistrar of Companies

NRI founders often choose a section 8 company for its clear governance, or a trust for simplicity. Each has its own audit and filing calendar.

Who our trust audit work is for

Trusts and non-profits that want their exemption and registrations kept safe.

  • Charitable and religious trusts

    Public trusts registered under state law and the Income-tax Act.

  • NGOs receiving foreign donations

    Organisations that also need FCRA audits and returns.

  • NRI founders

    Indians living in the US who have set up trusts in India.

  • Corporate and employee trusts

    Gratuity, superannuation and ESOP trusts, and section 8 companies.

How a trust audit runs

Completed in time for the tax and state law deadlines.

  1. 1

    Check registrations

    We confirm the trust's registrations, approvals and renewal dates.

  2. 2

    Collect records

    We collect books, donation records, bank statements and minutes.

  3. 3

    Audit

    We test receipts, application of income, investments and related-party payments.

  4. 4

    Report

    We prepare the income-tax and state law audit reports.

  5. 5

    File

    We upload the tax audit report and support the return and other filings.

Documents we need

  • Trust deed and registration certificates
  • Income-tax registration and approval orders
  • Books of account and bank statements
  • Donor-wise receipt records
  • Corpus donation records
  • Statements of donations filed
  • Details of application of income
  • Investment records
  • Trustee meeting minutes
  • FCRA certificate and records, if applicable
  • Previous audit reports

What you receive

  • Income-tax audit report, uploaded on the portal
  • State trust law audit report
  • Observations on compliance and records
  • Application and accumulation workings
  • Support with donation statements and certificates
  • Reminders for registration renewals

Trust audit questions

General guidance only. Rules change and every case is different, so please speak to us before acting on it.

Ask a question

A registered trust or institution needs an audit when its total income, computed before the exemption, exceeds the basic exemption limit.

Form 10B applies where total income before exemption exceeds ₹5 crore, the trust has received foreign contribution or has applied income outside India. Form 10BB applies in other cases. Both are replaced by Form 112 under the Income-tax Rules, 2026.

It is due one month before the due date for filing the trust's return of income, normally by September 30.

Usually yes, if it is a public trust registered under a state public trusts act, such as the Maharashtra Public Trusts Act.

Donations from Indian citizens living abroad, from personal savings through normal banking channels, are generally not foreign contribution. Donations from foreign citizens, including OCI cardholders, are.

Generally not for gifts made directly to an Indian charity. Donors often give through a US-registered charity instead. A US tax adviser should confirm the position.

A late or missing audit report can lead to the exemption being denied for the year, so the trust may pay tax on its income. Filing on time is essential.

Yes. Approved gratuity trusts must keep accounts and have them audited, and file returns under the income-tax law.

Keep your trust's exemption safe

Tell us about your trust, its registrations and its sources of donations. We'll set out the audits and filings due this year.

This page is general information about requirements in India and is not professional advice for your situation. Laws, thresholds, forms and due dates change; please confirm the position for your entity before acting.