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Charitable organisations do not pay goods and services tax on donations or gifts from individual donors when the display of the donor name acts as public recognition and gratitude. The recipient institution places a name plate in the premises to thank the donor. The display must not aim to advertise or promote the business of the donor. There is no supply of service for a consideration when the donation meets all philanthropic conditions without commercial gain.
Who is affected
Exceptions
Ask about this circular
Circular No. 116/35/2019-GST
F. No. 354/136/2019-TRU Government of India Ministry of Finance Department of Revenue (Tax research Unit)
Room No. 146, North Block, New Delhi, the 11th October, 2019
To:
The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/ Commissioner of Central Tax (All) / The Principal Director Generals/ Director Generals (All)
Madam/Sir,
Subject: Levy of GST on the service of display of name or placing of name plates of the donor in the premises of charitable organisations receiving donation or gifts from individual donors– Reg.
Representations have been received seeking clarification whether GST is applicable on donations or gifts received from individual donors by charitable organisations involved in advancement of religion, spirituality or yoga which is acknowledged by them by placing name plates in the name of the individual donor.
2.1 Some examples of cases where there would be no taxable supply are as follows:-
2.2. In each of these examples, it may be noticed that there is no reference or mention of any business activity of the donor which otherwise would have got advertised. Thus where all the three conditions are satisfied namely the gift or donation is made to a charitable organization, the payment has the character of gift or donation and the purpose is philanthropic (i.e. it leads to no commercial gain) and not advertisement, GST is not leviable.
Yours Faithfully,
Susanta Mishra Technical Officer (TRU) Email: susanta.mishra87@gov.in Tel: 011-23095558