A trust or institution registered under Section 12AB is exempt on income from property held under trust to the extent the income is applied to charitable or religious purposes in India. Section 11(1)(a) requires at least 85% of the income to be applied during the year; up to 15% can be accumulated indefinitely with no conditions. Corpus donations — voluntary contributions with a specific written direction that they form part of corpus — are excluded from income altogether under Section 11(1)(d), provided they are invested in Section 11(5) modes.
Since the Finance Act 2021 (Explanation to Section 11, effective AY 2022-23), application is counted strictly on an actual payment basis — an expense accrued but unpaid at year-end is not application until the year it is actually paid. Explanation 4 to Section 11(1) adds two more guards: application out of corpus is not application (it counts only in the year the corpus is restored), and application out of loans or borrowings is not application (it counts only in the year the loan is repaid from income).
The Finance Act 2023 (clause (iii) of Explanation 4, effective AY 2024-25) restricts inter-charity giving: a non-corpus donation by one registered trust to another 12AB-registered or approved 10(23C) entity is treated as application only to the extent of 85% of the amount donated. Corpus-directed donations to other trusts are not application at all. If, after all this, application falls short of 85%, two statutory escape routes exist: Form 9A (deemed application under Explanation 1(2) to Section 11(1), where income was not received or for any other reason) and Form 10 (accumulation under Section 11(2) for a specific purpose, up to 5 years, invested in 11(5) modes). Both forms are due at least two months before the ITR-7 due date; CBDT Circular 6/2023 condones filing up to the Section 139(1) due date.
A 12AB-registered trust receives ₹120 lakh in the year, of which ₹20 lakh are corpus donations with written direction. It pays ₹60 lakh of revenue expenses, buys ₹10 lakh of equipment, and donates ₹10 lakh (non-corpus) to another 12AB trust.