10 BD FORM- Statement & Certificate of Section 80G deduction

Legal provisions Relating to Sec. 80G and Section 35 :-

• section 80G of the Act has been amended by finance act and inserted a clause (viii) to the sub-section (5) of the said section to provide for the furnishing of a statement of donation received by a trust or an NGO or an institution approved under section 80G of the Act from each donor in the prescribed form in the prescribed manner.

• Similar provisions were also introduced in section 35(1A)(i).
•  Thus deduction under section 80G/35(1A)(i) shall be allowed to the donor if the donee files donation return in Form 10BD.

Rule 18 AB :- Furnishing of Statement of particulars and certificate under clause (viii) and clause (ix) of sub-section (5) of section 80G or under sub-section (1A) of section 35.

Rule 18 AB also inserted  Which laid down the manner how the form 10BD will be Filed, main content are as follows:-

• An organization while receiving the fund or Sums form any Person they should take in to account following amounts:-

• take into account all the donations of the same nature paid by that person during the financial year

                                               and

•  proportionately attribute the value of the donation or the aggregated value of all the donations to all the persons, in a case where the donation is recorded in the name of more than one person and where no proportion is specified by the donors, attribute equally to all the donors.

• The reporting person shall furnish the certificate as referred to in clause (ix) of sub-section (5) of section 80G or in clause (ii) to sub-section (1A) to section 35, to the donor in Form No. 10 BE specifying the amount of donation received during financial year from such donor, beginning with the financial year 2021-2022.

Due date for Furnishing form 10 BD:-

Form No. 10BD shall be furnished on or before the 31^stMay, immediately following the financial year in which the donation is received.

Late Fees and Penalty Provisions:-

• 234 G section has been inserted and laid down the penalty for non-filing from 10BD , failure to comply will attract a fee of Rs.200/- per day of delay to an organization who should Need to File the same.

• Apart from the fee for delay in furnishing statement of donations in Form 10BD, failure to file such statement will also attract penalty u/s 271K, which shall not be less than Rs.10,000/- and which may extend up to Rs.1,00,000/-.

Overview of online utility for filing of Form 10BD 

The filing of Form 10BD is completely online. The department has so far released the online utility, no offline utility of Form 10BD is released till the time the article is published.

The main Form 10BD will open. This has three sections.

Section 1: Basic Information – Contains PAN and the reporting period

Section 2: Details of donors and donations – Contains Name, Address of donor etc.

Section 3: Verification ( E-verification can be Done through DSC or EVC)

Instructions for filling Form 10BD– Part-B Details of donors and donation CSV Template

Field Name	Instruction	Mandatory filed (Yes/No)	Length of the character
Sl. No.	Enter the serial number	Yes	Numeric, Non- Negative
Pre-Acknowledgement Number (if generated through e-Filing portal – Applicable only for Original filing) / Acknowledgement Number (Applicable for Revised filing)	Enter the Pre-Acknowledgement number generated through e-Filing portal and quoted on the receipt issued to donor at the time of receipt of donation. If no Pre- Acknowledgment has been generated the field can be left blank. In case form type is “Revised” then it’s mandatory to provide the ARN of original 10BE which is to be revised.	No (Original) / Yes (Revised)	Max 21 Characters
ID Code	Select the ID Code from the dropdown. It’s required to provide either of PAN/Aadhaar of donor. If both are not available, only then provide other ID Code.	Yes	Refer Annexure-I Table
Unique Identification Number	Enter the Unique Identification Number	Yes	Maximum 75 Characters
Section Code	Select the Section Code from the Dropdown	Yes	Refer Annexure-II Table
Unique Registration Number (URN)	Enter the Unique Registration Number issued under the applicable Section Code	Yes	Maximum 100 characters
Date of Issuance of Unique Registration Number	Enter the date of Issuance of Unique Registration Number (Cannot be a future date)	Yes	Enter date in MM- DD-YYYY format
Name of donor	Enter the Name of Donor	Yes	Maximum 250 Characters
Address of donor	Enter Address of the donor	No	Maximum 400 characters
Donation Type	Select the donation type from the dropdown	Yes	Refer Annexure-III Table
Mode of receipt	Select the Mode of receipt from the dropdown	Yes	Refer Annexure-IV Table
Amount of donation (Indian rupees)	Enter the amount of donation received in INR	Yes	Maximum 14 characters, Numeric, Non- Negative
Revise/Delete (Applicable if form type is “Revised”)	Select from the dropdown “Revise/Delete”	Yes	Select from the dropdown “Revise/Delete”

Annexure I: 01-Permanent Account Number, 02-Aadhaar Number, 03-Tax Identification Number in country person is residing, 04-Passport number, 05-Elector’s photo identity number, 06-Driving License number and 07-Ration card number

Annexure II:- a) Section 80G, b) Section 35(1)(iia), c) Section 35(1)(ii) and d) Section 35(1)(iii)

Annexure III: a) Corpus, Specific Grant and Others.

Annexure IV: a) Cash, b) Kind c) Electronic modes including account payee cheque/Draft and Others.

*If any one field is entered then all other fields of that row shall be mandatory.

Certificate of Donation (for Donor) in Form 10BE After filing of Statement of Donations in Form 10BD, please download and issue Certificate of Donations in Form 10BE which contains details of the NGO like PAN and Name of the NGO, approval numbers u/s 80G & 35(1) along with details of the donations and donor.

Revision of Filing of Form 10BD :-

Yes, as per the Rule 18 AB Revision of form is allowed to correct any mistake or revise the records already filed .There is still no bar on the No. of times when we can revise such form.

Common FAQ Relating to FORM 10 BD

Qus 1:- Whether form 10BD applicable for Donation received by politically party covered u/s80GGC

Ans 1:- No, it is not applicable to political party and deduction to be claimed u/s 80GGC.

Qus 2 :-  I have received many donation of amount less than rupees 1000. Do I need to show those donations in FORM 10BD?

Ans 2:-  There is no minimum amount specified for which Form 10BD needs to be filed which means you need to file it for every donation receipt. In such case we advised you to file if you accept the same as donation irrespective of the amount.

Qus 3:- Where donations received are less than Rs.2000/- and donors have not given their pan numbers to the done Trust , is Trust required to give their names in form 10 BD, as No certificate can be issued to them which entitle them deduction of rebate under section 80G of the IT act, 1961 .

Ans 3:-  10BD form mandates mention of One identity proof at least like Aadhaar, PAN, Passport, Ration Card number, Driving License number, Voter’s ID Card number, Taxpayer Identification Number of the country
where the person resides. , if you have any of the proof or detail than you can mention accordingly or report under from 10BD.

Qus 4:- As donors who have given more than Rs.2000/- as donation to charitable trust in cash  are not entitled to any rebate under the ITAct,1961, can Trust exclude their names in form 10BD.

Ans 4:- In our opinion, it is advisable for you as Trust to provide all details available with you of the donor whether the donation was in cash, cheque, electronic mode, kind, etc and mention of the Detail of ID card as per annexure 1.

Qus 5 :- A company has paid Rs. 50,000/-  Amount to Trust for Publishing their company Name in Magzine issued by trust , Company shown such amount in advertisement head in their books , do trust need to report such amount in from 10BD .

Ans 5:-  Trust need to Report in form 10BD only if such amount accepted as donation and 80G receipt has been issued to the Company.

Disclaimer : The information contained in this article is intended solely for the dissemination of information and does not aim at solicitation of work. Though meticulous care has been taken but the author assumes no liability in respect of any loss/ damage incurred while acting on the information provided in this article. The author can be reached at sanjeev@semantictaxgen.in and can be called at +91-8126700005.