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[Taxmann's Analysis] Union Budget 2026 – Trusts and NGOs | Key Taxation and Compliance Changes

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The taxation framework for trusts and NGOs is undergoing a structural shift, with the Income-tax Act, 2025, introducing a dedicated, organised approach to the taxation of NGOs as a separate category. In this backdrop, the Union Budget 2026 becomes important in setting the transition framework, compliance expectations, and operational clarity for NGOs. This article reviews the Budget provisions relevant to trusts and NGOs.

Key Changes:

1. A new section 354A has been inserted into ITA 2025 to specify that the merger of a registered NPO with another registered NPO having the same or similar objects will not attract tax on accreted income, following the provisions of section 12AC of the ITA 1961.

2. Commercial activity by an NPO engaged in the advancement of any other object of general public utility has been removed from the category of “specified violation” under section 351 of ITA 2025, thus preventing the cancellation of registration on this ground.

3. Section 332(1)(f) of ITA 2025 has been amended to limit the reference solely to Schedule VII [Sl. Nos. 17 to 19], removing earlier listed funds (Sl. Nos. 10 to 16) from the registration requirement for claiming exemption.

4. Section 349 of ITA 2025 has been amended to permit registered NPOs to file a belated return and still claim exemption, by including a reference to section 263(4), in line with the ITA 1961.

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