Harun Raaj & AssociatesHarun Raaj & Associates
Company Law & MCA Compliance

Electoral Trust Registration

Electoral Trust Registration

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Regulatory Framework

Governed by the Electoral Trusts Scheme 2013, notified by the Central Board of Direct Taxes (CBDT) under Section 2(22AAA) read with Section 13B, Income-tax Act 1961. Only a company registered under Section 8, Companies Act 2013 (the not-for-profit company structure that succeeded Section 25 of the Companies Act 1956), with the sole object of distributing the contributions it receives from other companies and individuals to political parties, is eligible to apply to the CBDT for approval as an Electoral Trust, using Form A under the Scheme. Once approved, voluntary contributions received by the trust are exempt from tax under Section 13B, provided the trust distributes at least 95% of the aggregate contributions received in a financial year — together with any surplus brought forward from an earlier year — to political parties registered under Section 29A, Representation of the People Act 1951, before the end of that same financial year, and otherwise functions in accordance with the Scheme's rules on donor disclosure, permissible administrative expenses, and periodic renewal of CBDT approval.

Overview

An electoral trust is a trust set up to receive voluntary contributions and distribute them to political parties, as defined in Section 2(22AAA) of the Income Tax Act 1961 and regulated under the Electoral Trusts Scheme notified by the Central Government. Only registered electoral trusts can receive the contributions eligible for the donor's deduction, and the trust must distribute its receipts to eligible political parties within the prescribed period. Registration is applied for under the Scheme in the prescribed form to the prescribed authority (VERIFY: the application form and authority under the Electoral Trusts Scheme).

For corporate donors, the electoral trust is the tax-efficient route for political contributions: donations by a company to an electoral trust qualify for the deduction under Section 80GGB of the Income Tax Act, and the trust's distribution to political parties keeps the money in the compliant channel. The trust itself must run within the Scheme's rails — the receipt of contributions, the investment, the distribution and the accounts are all governed by the Scheme.

The failure mode is the trust drifting outside the Scheme: contributions received without registration, distributions delayed or made to ineligible parties, or accounts that do not show the full flow. Each deviation puts the trust outside the exemption and exposes the donors' deductions — a political contribution that loses its 80GGB deduction is a compliance failure the donor will not forget.

This service is for companies and individuals setting up or operating electoral trusts. We prepare the trust documentation under the Electoral Trusts Scheme, apply for registration in the prescribed form, set up the contribution and distribution accounting, manage the annual compliance — the accounts, the returns and the statutory filings — and keep the trust within the Scheme so every contribution stays deductible under Section 80GGB.

How It Works

  1. 1

    Scheme & Eligibility Review

    We confirm the registration route under the Electoral Trusts Scheme and Section 2(22AAA).

    Harun Raaj & Associates does this2-3 days
  2. 2

    Trust Documentation

    We prepare the trust deed and governance documents to the Scheme's requirements.

    Harun Raaj & Associates does this1 week
  3. 3

    Registration Application

    We file the registration application in the prescribed form with the prescribed authority.

    Harun Raaj & Associates does this2-4 weeks
  4. 4

    Contribution & Distribution Setup

    We set up the contribution receipt and distribution accounting for eligible political parties.

    Harun Raaj & Associates does this1 week
  5. 5

    Annual Compliance

    We manage the annual accounts, returns and filings that keep the trust within the Scheme.

    Harun Raaj & Associates does thisAnnual

Frequently Asked Questions

What is the legal framework for forming an Electoral Trust and who approves it?
An Electoral Trust must first be incorporated as a company under Section 8 of the Companies Act 2013 (not-for-profit company). After incorporation, the company applies to the Central Board of Direct Taxes for approval under the Electoral Trusts Scheme 2013 (notified vide SO 3086(E) dated 31 October 2013). The CBDT issues a certificate of approval, without which the entity cannot accept or distribute political contributions under this framework.
Under which provision does an approved Electoral Trust claim income-tax exemption, and what is the 95% condition?
Section 13B of the Income-tax Act 1961 (applicable through AY 2026-27) grants full exemption on all income of an approved Electoral Trust, provided at least 95% of the aggregate donations received during the financial year are distributed to registered political parties under Section 29A of the Representation of the People Act 1951. If the 95% threshold is not met even by a single rupee, the entire income of the trust for that year becomes taxable and the CBDT may cancel the approval under clause 7 of the Scheme.
What annual filing obligations apply to an Electoral Trust under the Income-tax Rules?
Rule 17CA of the Income-tax Rules 1962 requires every approved Electoral Trust to file Form No. 68 with the CBDT by 30 November of the assessment year. Form 68 must disclose: the name and PAN of each donor, the amount contributed, the name of each registered political party that received a distribution, and the amount distributed to each. Separately, the trust must file a return of income under Section 139(4C) of ITA 1961 (Section 263 of ITA 2025 for TY 2026-27 onwards).
Can a foreign company or NRI contribute to an Electoral Trust?
No. Clause 3(f) of the Electoral Trusts Scheme 2013 bars the trust from accepting contributions from any foreign source as defined in Section 2(j) of the Foreign Contribution (Regulation) Act 2010. This covers foreign companies, foreign nationals, and Indian companies in which more than 50% of the share capital is held by foreign entities. Accepting a foreign contribution can result in cancellation of the CBDT approval and prosecution under FCRA 2010.
Does an Electoral Trust need to register under the Companies Act 2013 before or after CBDT approval, and what is the compliance overlap?
Incorporation under Section 8 of the Companies Act 2013 must happen first — only an existing Section 8 company can apply for CBDT approval under the Electoral Trusts Scheme 2013. After approval, the trust runs dual compliance: annual filing with the Registrar of Companies (Form AOC-4 financial statements and Form MGT-7 annual return) and the tax-side obligations under Rule 17CA (Form 68) and Section 139(4C) / 263. The MCA filings and income-tax filings have different due dates and must be tracked separately.

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