Union Budget 2026: Structural Reset for Trusts & NGOs

From Uncertainty to Clarity | From Compliance Burden to Confidence

“A Trust-Based Tax Architecture for the Non-Profit Sector”

Union Budget 2026 marks a paradigm shift in the taxation of Trusts & NGOs by laying the foundation of a dedicated, predictable, and litigation-light regime under the Income-tax Act, 2025 — balancing accountability with autonomy.

🔹 1. Structural Separation

Dedicated NGO Tax Framework

  • NGOs recognised as a distinct tax category
  • Clear transition roadmap from ITA 1961 → ITA 2025
  • Reduced interpretational ambiguity

🔹 2. Tax Neutrality

Tax-Free NGO Mergers

  • No tax on accreted income for mergers with similar-object NPOs
  • Encourages consolidation & capacity building

🔹 3. Operational Freedom

Relief on Commercial Activities

  • Genuine commercial receipts no longer trigger cancellation
  • Protects NGOs working in public utility domains

🔹 4. Compliance Rationalisation

Registration-Linked Exemptions Simplified

  • Fewer registrations
  • Focused oversight only where required
  • Reduced procedural friction

🔹 5. Equity & Fairness

Belated Return with Exemption

  • Exemption preserved despite delayed filing
  • Aligns NGO regime with general taxpayer fairness

Overall Impact

“Less Fear. More Trust. Smarter Compliance.”

  • ✅ Lower litigation risk
  • ✅ Greater operational flexibility
  • ✅ Predictable tax outcomes
  • ✅ Easier compliance for genuine charities

Changes in NGOs, Educational & Hospital Institutions (Finance Bill 2022) II Budget changes in NGOs

Changes in NGOs, Educational & Hospital Institutions (Finance Bill 2022) II Budget changes in NGOs

1. Ensuring effective monitoring and implementation of two exemption regimes

🖋️Books of account to be maintained by the trusts or institutions under both the regimes

🖋️Penalty for passing on unreasonable benefits to trustee or specified persons

🖋️Reference to the Principal Commissioner or Commissioner (PCIT/CIT) for the cancellation of registration/approval

2. Bringing consistency in the provisions of two exemption the regimes

🖋️Accumulation provisions

🖋️Bringing consistency in the provisions relating to payment to specified person

🖋️The provisions of section 115TD to apply to any trust or institution under the first regime.

🖋️Filing of return by person claiming exemption under clause (23C) of section 10 of the Act

3. Providing clarity on taxation in certain circumstances

🖋️Allowing certain expenditure in case of denial of exemption

🖋️Taxation of certain income of the trusts or institutions under both the regimes at special rate

🖋️Voluntary Contributions for the renovation and repair of temples, mosques, gurudwaras, churches etc notified under clause (b) of sub-section (2) of section 80G

🖋️Clarifying that application will be allowed only when its actually paid

🖋️Consequential Amendments (i) Reference to prescribed authority under clause (23C) of section 10 (ii) Amendment to sub-section (1A) of section 35