A Trust is a legal arrangement where the owner (Trustor) transfers property to a Trustee for the benefit of a third party. Trusts in India are regulated by the Indian Trusts Act, 1882, and registration is mandatory under this law. Today, trust registration is an online process that requires executing a Trust Deed, which is the most important document for trust registration.
What is a Trust?
A Trust is a structure where the Trustor (or Settlor) transfers property to a Trustee, who holds it for the benefit of specific individuals or the public. The Indian Trusts Act, 1882, governs trust-related provisions and offers various benefits upon registration.
Advantages of Trust Registration
Registering a Trust provides several benefits, including:
✔ Engagement in Charitable Activities
✔ Tax Exemptions for Registered Trusts
✔ Support for Underprivileged Communities
✔ Legal Compliance and Protection
✔ Preservation of Family Wealth
✔ Avoidance of Court Disputes
✔ Simplified Immigration/Emigration Processes
✔ Protection Against Forced Heirship
✔ Tax Mitigation Benefits
✔ Efficient Asset Management
Parties Involved in Trust Registration
The main parties involved in trust registration are:
- Trustor (Settlor) – The person who creates the trust and transfers assets.
- Trustee – The individual/entity responsible for managing the trust assets.
- Beneficiary – The person or group benefiting from the trust.
Types of Trusts in India
1. Private Trust
- Created for specific individuals.
- Governed by the Indian Trusts Act, 1882.
- Can be established inter vivos (during the Trustor's lifetime) or through a will.
2. Public Trust
- Created for the benefit of the general public.
- Includes charitable and religious trusts.
- Governed by multiple laws such as:
- Charitable and Religious Trusts Act, 1920
- Religious Endowments Act, 1863
- Charitable Endowments Act, 1890
- Bombay Public Trust Act, 1950
3. Public-Cum-Private Trust
- Serves both public and private beneficiaries.
4. Other Classifications Based on Purpose
- Investment Trusts (e.g., Mutual Funds, Venture Capital Funds) regulated by SEBI.
- Simple Trust – Trustee only holds assets without active duties.
- Special Trust – Trustee actively manages the trust per the Trustor’s wishes.
- Express Trust – Established through a formal document.
- Implied Trust – Created based on the parties' intent rather than a written document.
Documents Required for Trust Registration in Jaipur
To register a Trust, the following documents are required:
✔ Identity Proof of Trustor & Trustee (Aadhaar, Voter ID, Passport, or Driving License)
✔ Address Proof of Registered Office (Property Certificate or Utility Bills – Electricity, Water, Telephone)
✔ No Objection Certificate (NOC) from the property owner (if rented)
✔ Objective Statement of the Trust Deed
✔ Details of Trustees and Settlor (ID, Address Proof, and Occupation Details)
✔ Trust Deed (Stamped as per State Requirements)
✔ Passport-size Photographs of Trustees and Settlor
✔ PAN Cards of Trustees and Settlor
Key Inclusions in a Trust Deed
A Trust Deed must include:
✔ Number of Trustees
✔ Registered Address of the Trust
✔ Proposed Name of the Trust
✔ Rules & Regulations to be Followed
✔ Presence of Settlor and Two Witnesses at Registration
Step-by-Step Process of Trust Registration
1. Choose a Trust Name
- The name must comply with the Emblems and Names Act, 1950 and should not be restricted.
2. Decide the Trustor and Trustees
- Minimum one Trustor (Settlor) required.
- Minimum two Trustees needed (no upper limit).
- The Trustor cannot be a Trustee.
3. Draft the Trust Deed & Memorandum of Association (MOA)
- Trust Deed serves as legal proof of the Trust’s existence.
- MOA outlines the Trust's objectives and operational structure.
4. Execute the Trust Deed on Stamp Paper
- Must be executed on stamp paper (value varies by state).
- Registration fee: ₹1,100
- ₹100 – Trust Registration Fee
- ₹1,000 – Fee for a Certified Copy of the Trust Deed
5. Submit the Trust Deed to the Local Registrar
- Settlor must sign each page of the Trust Deed photocopy.
- All Settlor(s) and two witnesses must be present with original ID proofs.
6. Obtain the Certificate of Registration
- The Registrar will issue the Trust Registration Certificate within 7 working days.
Penalties for Non-Compliance
1. Civil and Criminal Penalties
- Breach of Trust is punishable under Sections 405-409 of the Indian Penal Code (IPC), 1860.
2. Non-Compliance with Tax Deduction Account Number (TAN)
- Failure to obtain a TAN can lead to a ₹10,000 penalty under Section 272BB of the Income Tax Act.
3. Failure to File Income Tax Returns (ITR)
- Non-filing of ITR attracts penalties, but exemptions apply if the TDS certificate is provided within two years.
Impact of Section 12AB on Trust Registration
- Charitable trusts must re-register under Section 12AB to continue availing tax exemptions.
- Applicable to trusts already registered under:
- Section 12A
- Section 12AA
- Section 10(23C)
- Section 80G
Is It Mandatory to E-File ITR for a Trust?
Yes, trusts must file ITR electronically:
✔ With a Digital Signature
✔ Without a Digital Signature (Using Electronic Verification Code)
- Trusts subject to Section 44AB Audit must file ITR electronically.