What Are Sections 11, 12 and 13 of the Income Tax Act?
📌 Quick Answers
- What is the 85% application rule? A charitable or religious trust registered under Section 12A/12AB must apply at least 85% of its income towards its charitable or religious objects in India during the year to retain full exemption under Section 11. Up to 15% may be accumulated without any conditions.
- What is Form 9A used for? Form 9A is filed to exercise the option for "deemed application" when a trust could not apply 85% of its income because the income was not received during the year or for another reason. It must be filed electronically on or before the due date under Section 139(1).
- What is Form 10 used for? Form 10 is filed under Section 11(2) to accumulate or set apart income (beyond the free 15%) for a specific purpose for a period not exceeding five years. The accumulated funds must be invested in the modes specified in Section 11(5).
- What triggers loss of exemption under Section 13? Applying any part of the trust's income or property, directly or indirectly, for the benefit of specified persons under Section 13(3) results in denial of exemption, and such income is taxed at the maximum marginal rate under Section 164(2).
Sections 11, 12 and 13 of the Income Tax Act 1961 together form the operating framework that decides whether a charitable or religious trust, NGO, or Section 8 company actually enjoys the tax exemption its 12A / 12AB registration promises. Registration opens the door; Sections 11, 12 and 13 keep it open. Section 11 governs how income must be applied and accumulated. Section 12 brings voluntary contributions into the definition of income. Section 13 lists the conditions - chiefly the specified-person restrictions - that, if breached, forfeit the exemption.
The central discipline is the 85 percent application rule: a trust must spend at least 85% of its income on its objects in India each year and may retain up to 15% freely. Where full application is not possible, the law provides two relief mechanisms - Form 9A (deemed application) and Form 10 (accumulation under Section 11(2)) - each with its own conditions and deadlines tied to the return due date under Section 139(1). Getting these mechanics right is what separates a compliant, fully exempt trust from one that faces tax at the maximum marginal rate.
You can verify the statutory position at the Income Tax India e-Filing Portal and refer to the Income Tax Department for the text of the sections and CBDT circulars. Content is reviewed quarterly for accuracy.



