Comprehensive Guide To GST Returns For Non-Profit Organizations In India

Abhinandan Banerjee • November 25, 2024

Comprehensive Guide to GST Returns for Non-Profit Organizations in India

The Goods and Services Tax (GST) introduced a significant shift in the Indian tax system, impacting various entities, including non-profit organizations (NPOs). While the core objective of NPOs lies in serving social causes and promoting public welfare, understanding their obligations under the GST framework is crucial for ensuring compliance and responsible financial management. This comprehensive guide, drawing insights from data and tables sourced from official government websites, aims to demystify GST returns for NPOs in India.

Understanding the Applicability of GST to NPOs:

NPOs generally enjoy exemption from GST registration if they meet the following criteria:

  • Registered under Section 12AA of the Income Tax Act, 1961: This section grants tax exemptions to charitable and religious institutions fulfilling specific conditions. (Source: https://taxguru.in/income-tax/comprehensive-overview-section-12aa-income-tax-act.html)
  • Utilize income solely for charitable activities: The income received by the NPO must be exclusively used for its charitable objectives, as outlined in its registration documents.

Table 1: Applicability of GST Registration for NPOs

Criteria

GST Registration Requirement

Registered under Section 12AA of the Income Tax Act, 1961

Not required, unless involved in taxable supplies

Not registered under Section 12AA of the Income Tax Act, 1961

May be required if exceeding the registration threshold

Key Points:

  • Even if an NPO is exempt from registration, it may still be liable to pay GST if it:
  • Makes taxable supplies exceeding the registration threshold of Rs. 20 lakhs (Rs. 10 lakhs for certain special category states). This threshold applies to the total value of taxable supplies made in a financial year. (Source: https://cbic-gst.gov.in/)
  • Engages in commercial activities alongside its charitable work. These activities are not directly related to the NPO's core objectives and are undertaken with the intention of generating revenue.

GST Return Filing Requirements for NPOs:

  • NPOs exempt from registration: As they are not registered under GST, they are not mandated to file any GST returns.
  • NPOs exceeding the registration threshold or engaged in taxable supplies: These NPOs must register under GST and comply with return filing requirements, similar to other registered businesses. The specific return forms they need to file depend on the nature and frequency of their taxable supplies.

Table 2: GST Return Forms for NPOs (if registered under GST)

Type of Supply

Frequency of Supply

GST Return Form

Outward supplies (sales)

Monthly

GSTR-1

Inward supplies (purchases)

Monthly

GSTR-2

Reconciliation of outward and inward supplies

Monthly

GSTR-3B

Understanding the Public Service Bodies' Rebate Scheme:

While NPOs may be exempt from paying GST on certain supplies, they often incur GST on their purchases (inward supplies) related to their charitable activities. To provide relief, the government introduced the Public Service Bodies' Rebate Scheme. This scheme allows NPOs to claim a refund of the GST paid on their purchases used for providing exempt supplies.

Eligibility for the Public Service Bodies' Rebate Scheme:

  • The NPO must be registered under GST.
  • The NPO must be a public service institution notified by the government. (Source: https://www.cbic.gov.in/)
  • The purchased goods or services must be used for providing exempt supplies.

Benefits of Claiming the Public Service Bodies' Rebate:

  • Reduced operational costs: Recovering the GST paid on purchases helps NPOs optimize their resource allocation and potentially channel more funds towards their charitable endeavours.
  • Enhanced financial sustainability: Claiming the rebate can improve the NPO's financial health and stability, enabling them to continue their social and community development initiatives effectively.

Conclusion

Understanding their GST obligations is crucial for NPOs to navigate the tax environment effectively. While most NPOs are exempt from registration, those exceeding the threshold or engaged in taxable supplies need to comply with registration and return filing requirements. Additionally, the Public Service Bodies' Rebate Scheme offers a valuable mechanism for NPOs to claim refunds on GST incurred for their exempt supplies. By staying informed about the relevant regulations and utilizing available resources, such as the GST portal (https://www.gst.gov.in/) and the Central Board of Indirect Taxes and Customs (CBIC) website (https://www.cbic.gov.in/), NPOs can ensure compliance, optimize their financial management, and continue fulfilling their essential role in contributing to a better society.

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Abhinandan Banerjee

(Associate Manager - Marketing)

Abhinandan is a dynamic Product and Content Marketer, boasting over seven years of experience in crafting impactful marketing strategies across diverse environments. Known for his strategic insights, he propels digital growth and boosts brand visibility by transforming complex ideas into compelling content that inspires action.

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