Section 115TD → Section 135
Tax on accreted income (Exit Tax for Trusts)
Quick Answer
Section 115TD of the Income Tax Act, 1961 (Tax on accreted income (Exit Tax for Trusts)) corresponds to Section 135 of the Income-tax Act, 2025, effective 1st April 2026. Status: Retained.
What changed for Section 115TD
In the 1961 statute, Section 115TD deals with tax on accreted income (exit tax for trusts). Levies an 'Exit Tax' at the Maximum Marginal Rate (MMR) on the accreted wealth (assets minus liabilities) of a charitable trust if it converts into a non-charitable entity or cancels its registration.
From 1st April 2026, the same subject sits at Section 135 of the Income-tax Act, 2025 — retained and renumbered as Section 135 of the Income-tax Act, 2025. Retained and made more stringent. Trusts failing to renew their 12AB registration within the specified deadline are automatically hit with this exit tax.
For Section 115TD, the practical impact is rated Critical. Prevents founders from privately siphoning off tax-free NGO assets.
Sec 115TD
Provision Summary
Levies an 'Exit Tax' at the Maximum Marginal Rate (MMR) on the accreted wealth (assets minus liabilities) of a charitable trust if it converts into a non-charitable entity or cancels its registration.
Sec 135
Provision Summary
Retained and made more stringent. Trusts failing to renew their 12AB registration within the specified deadline are automatically hit with this exit tax.
Key Changes & Highlights
- Valuation of assets for exit tax purposes must be done strictly by a Category-1 registered merchant banker for unlisted shares.
Related Sections
Frequently Asked Questions
What is Section 115TD of the Income Tax Act, 1961 about?
Section 115TD of the Income Tax Act, 1961 covers tax on accreted income (exit tax for trusts). Levies an 'Exit Tax' at the Maximum Marginal Rate (MMR) on the accreted wealth (assets minus liabilities) of a charitable trust if it converts into a non-charitable entity or cancels its registration.
Which section replaces Section 115TD in the Income-tax Act, 2025?
Section 115TD of the Income Tax Act, 1961 maps to Section 135 of the Income-tax Act, 2025, effective 1st April 2026 (status: Retained). Retained and made more stringent. Trusts failing to renew their 12AB registration within the specified deadline are automatically hit with this exit tax.
What is the impact of the change to Section 115TD under the new tax code?
The transition impact for Section 115TD is rated Critical. Prevents founders from privately siphoning off tax-free NGO assets.
What should I watch out for when Section 115TD moves to the 2025 code?
Valuation of assets for exit tax purposes must be done strictly by a Category-1 registered merchant banker for unlisted shares. These points are specific to Section 115TD (Tax on accreted income (Exit Tax for Trusts)).
Disclaimer: This mapping of Section 115TD (Tax on accreted income (Exit Tax for Trusts)) to Section 135 of the Income-tax Act, 2025 is for educational and reference purposes only, based on publicly available drafts and circulars. As Section 115TD is currently marked Retained, always confirm its treatment with a qualified Chartered Accountant before filing or making compliance decisions.
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