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ITA 1961 → ITA 2025Penal Tax Rates

Section 115TD Section 135

Tax on accreted income (Exit Tax for Trusts)

RetainedCritical - Prevents founders from privately siphoning off tax-free NGO assets.

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.

Old Law (ITA 1961)Ch: XII-EB

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.

New Law (ITA 2025)Ch: XI

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

Section 12AB

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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