8/11/2019 Donation Deduction 35AC

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Donation deduction 35AC Tax Tips for professionals, self employed

For individuals with salary income, 100% deduction for eligible donations can be claimed under section (u/s)80GGA. However if you are a business or self employed or earning income for professional services (legal,medical, engineering, accounting, technical consultancy, interior decoration, advertising etc) or technical services

(managerial , technical or consultancy services) then you cannot claim deduction for donation u/s 80GGA. Forindividuals with business or profession incomededuction for eligible donations has to be claimed u/s 35 AC.

Section 35 AC (1) deduction for eligible donations

Where an assessee incurs any expenditure by way of payment of any sum to a public sector company or a localauthority or to an association or institution approved by the National Committee for carrying out any eligibleproject or scheme, the assessee shall, subject to the provisions of this section, be allowed a deduction of theamount of such expenditure incurred during the previous year.

National Committee

The Central Government has constituted a National Committee to identify projects and schemes to be notified u/s35AC. This committee normally consists of eminent persons. All NGOs are entitled to apply to the NationalCommittee to get its projects or schemes approved.

Receipt for Donation

All approved NGOs are required to issue a certificate to the donor for all contributions & receipts u/s 35AC. Thecertificate is to be issued in Form 58A. This certificate will enable the donor to claim exemption from its taxableincome.

http://law.incometaxindia.gov.in/DITTaxmann/IncomeTaxRules/pdf/itr62form58a.pdf

Business / Profession income

Section 35AC is available to assessees who have income from the head business or profession. for assesseeswho do not have income from business or profession, section 80GGA provides for deduction on donations madeto eligible projects u/s 35AC.

Cash/ Kind/ Cheque

The section does not mention any restrictions on donations in cash. However, the assessee will need to

satisfy the requirement u/s 40 A (3) which states as follows:

Where the assessee incurs any expenditure in respect of which a payment or aggregate of payments made to aperson in a day, otherwise than by an account payee cheque drawn on a bank or account payee bank draft,

exceeds twenty thousand rupees, no deduction shall be allowed in respect of such expenditure.

Donations in kind are not eligible for deduction.

Carry Forward

Unlike section 80GGA, deduction u/s 35AC can be carried forward in the form of losses to next year

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