Do you have any grievances related to FCRA ? . The answer to this question is YES, then you can now meet Director (FCRA) in Foreigners Division of Ministry of Home Affairs. FCRA department has issued a circular recently stating monthly meeting by Director (FCRA) on 5th of every month for redress of organization’s grievances related to Registration / Prior Permission etc.. (Download Circular from here)

How to meet ?

Organization having any grievances related to FCRA have to take prior appointment.

How to take appointment ?

Email your grievances to ravinder.prasad56@nic.in

Details to be email

Following details to be mentioned in the email stating for appointment :

  1. Name and Address of the association
  2. Name of the person desirous to attend the meeting
  3. Application Number
  4. Issue of Discussion

When and where ?

Room No 104/1, 1st Floor, NDCC-II Building, Ministry of Home Affairs, Jai Sing Road, New Delhi – 110001 on 5th of every month (or on the following working day if 5th happens to be holiday) between 10 a.m. to 1 p.m. on appointment basis.

After a circular regarding DSC of chief functionary, FCRA Department has issued a circular on 17th June 2015, (Download from here)asking for suggestion on amendments to Foreign Contribution Regulation Rules, 2011 by Foreign Contribution Regulation Rules (2015).

THIS IS A DRAFT AMENDMENTS and suggestions or comments asked from public and other stakeholders on or before 1st July, 2015.

We are in the process of analyzing and studying all the changes in the amendments and it impacts. Meanwhile let us see important changes which are suggested in the amendments of FC Rules :

Website will become mandatory

After this amendments, every NGOs with FC registration will have to build a website. No, it is not declared directly as mandatory. But changes made to Rule 13(1) stating that every registered organization has to publish audited Income Expenditure, Receipt Payments and Balance Sheet of Foreign contribution to its website before 31st December of every year. Such website has to be declared as official website and is to be informed to FCRA department.

Have to publish Foreign Receipt within 7 days

Yes, you have to publish to your official website, every foreign receipts within seven days of receipts. Refer rule 13(B) of such draft amendments.

Bank will have to report in 48 hours

Bank will have to report of FCRA department within 48 hours of any transactions in respect of receipt and utilization of any foreign contribution. Refer rule 16 (2) of such draft amendments.

Online Procedures

We have already write a blog stating how FCRA department is eager to implement all the online procedure. Here in this amendments it is clearly mention that now onwards all the forms will be filled online through DSC and also you can make payment through online payment gateway.

Change in Forms

All the form numbers will be changed e.g. Annual Return Form FC-6 now become FC-4. Not only form numbers, but details and information given in the forms will also changed. We will soon post a blog showing what changes will be made in Forms.

You can give Suggestions

FCRA department has asked for suggestions on the above mentioned amendments from public. You can give your suggestions by email to Mr. A.K. Dhyani, Under Secretary to the Government of India on ak.dhyani@nic.in.

Alternatively you can give your suggestion in the comment box below. We will compile all the suggestions and email to the authority.

Note – This amendments are draft and not final. This will be implemented only after FCRA Rule, 2015 published in the Official Gazzette.

12A certificate for NGO

UPDATE – Procedure has been now online. Refer updated post http://www.kcjmngo.com/how-to-get-12a-certificate-for-ngo/

 

As we aware that after NGO registered, there are many statutory compliance to be fulfilled. One of them is to get exemption certificate from Income Tax. As per Income Tax Act in India, NGOs are exempted from tax under section 12A.

Why Sec 12A registration required?

NGO is registered for non-profit activities. However, there may be income of NGOs. If NGO does not have registration certificate under section 12A of Income Tax Act, It has to pay tax as per normal rates. So to get income tax exemption, it is necessary to have 12A certificate.

Procedure to apply for 12A Certificate

NGO has to apply to the Commissioner of Income Tax (Exemption Department) in Form No 10A. See below video for detail procedure.

Details to be fill in Form 10A

1. Name and Address of the Trust

2. Name, Address, Occupation of the founders / trustees

3. Date of Registration

Documents to be attached

1. Certified Copy of Registration Document

2. Certified Copy of PAN

3. Certified copy of Memorandum of Trust

Conclusion

It is a very simple process to file this form. After filling this form, Commissioner of Income Tax, if find that all the conditions laid down in Sec12AA are fulfilled, issue 12A certificate for exemption from Income Tax.

 

 

# Disclaimer
This video is prepared in the view to facilitate users to fill FC 5 form for FCRA renewal. Kindly refer FCR Act and Rules for accurate information. While we have made every attempt to ensure that the information contained in this site has been obtained from reliable sources, KCJMNGO is not responsible for any errors or omissions, or for the results obtained from the use of this information.

Amendments in Budget 2015 related to NGOs

Major Two changes are proposed to made in the definition of “Charitable Purpose”. One to include YOGA with other activities like Medical and Education and emphasis the benefits of a keto ultra diet in health activities. Another change is to aim at curbing irregularity of  filling of Income Tax Return of NGO by making it mandatory to accumulate part of the income. Let us discuss one by one in detail.

Yoga is now included in the definition of Charitable Activity

Honorable FM has proposed to include “YOGA” as sixth item in the definition of Charitable Activity after “Education” activity. Let us understand this provision, this means any organization having main object of “YOGA” can get full exemption of its income, even though income earned from Business Activity related or not with YOGA.

Several research studies in the last two decades unravel the benefits of yoga in terms of improved mood states, symptom reduction, stress reduction and improved quality of life apart from improving host factors that are known to affect survival in cancer patients such as for Ovarian Cancer Symptoms Inspire has reviewed. However, several metaanalysis and reviews show equivocal benefits for yoga. In this review, we will study the Yoga interventions in cancer patients with respect to expectations, benefits and risks and analyse the principles behind tailoring yoga interventions in cancer patients.

Example :- A Gym Trainer wants to start a Gym. If he, instead of registering as Firm or Company, registered a Trust and get certificate of exemption u/s. 12A, having main object of Teaching Yoga using equipment as yoga balls that are sold online, then  all the Income is exempted, weather it is from activity of Teaching yoga or normal exercise and gym activities including the best keto ultra diet plan.

Shape-Up-Trust

Business Activity of Trust

It is proposed by Honorable FM that Charitable Organization engaged in Advancement of any other object of General Public Utility can have incidental business activity up to the limit of 20% of Gross Receipts of the Organization. Earlier it was Rs. 25 Lacs for all the organization. This is a good effort to make this provision rationalize.

Accumulation of Income

Under Section 11, Organization can accumulate their part of Income for utilization in future years. To exercise this option, Organization has to file Form 1o to Assessing Officer along with Income Tax Return with resolution stating such accumulation of income. However due to lack of clarification, Time limit was not fixed for filling such Form 10 and return. Now Honorable FM has proposed that this type of Accumulation of Income is permitted only if Income Tax Return of NGO is filled with in time limit i.e. 30 September.

Few Other Changes

Under Section 35, words “Principal Chief Commissioner or Commissioner” inserted to whom feasibility report is to be submitted. Under section 80G, donation to “Swachh Bharat Kosh” and “Clean Ganaga Fund” are added.

Conclusion

Inserting Yoga activities in the charitable definition may reduce unnecessary legal litigation regarding that but on the other had Government has to create such mechanism so that business activity behind the mask of Yoga can be traced and properly taxed.

Those NGO who is registered under FCRA act has to file annual return in Form FC-6 latest before 31/12/2014 for the year 2011-12.

Before submitting  FC-6 online return, one must check carefully, read our this blog on what should be check before filling FC-6 return

Annual Return Under FCRA Act

Last Date = 31st December 2014

Form = FC-6

Year = Financial Year 2013-14

Filling = ONLINE through Home Ministry Website

For More Details – See our calendar here

 

As we all aware about new provisions in Foreign Contribution Act, 2010, all NGOs have to renew its registration in every 5 years. Let us check in detail what is the Renewal Procedure and when and how to file renewal form.

When  FCRA registration expires ?

Existing organization having registration before 1st May 2011, their registration will be expire on 30/04/2016. Organization registered after 1st May 2011, 5 years from the date of the registration.

When  to apply for Renewal of FCRA registration ?

If you have multi-year on going projects – 12 months before expiry date as mentioned above. For existing organization, that cut off date is 30/04/2015.

If you do not have multi-year on going projects – 6 months before expiry date as mentioned above. For existing organization, that cut off date is 30/10/2015.

How to  to apply for Renewal of FCRA registration ?

Application has to be made in Form FC-5. You can download this form in word format from here. Currently FC-5 form is not available to file online like FC-6, so we presume that we have to file this form offline in hard copy.

Form FC5

Form FC5

How Much fees for Renewal of FCRA registration ?

Along with Form FC-5 , organization has to pay Rs. 500 by way of DD or banker’s cheque in the name of “Pay and Account Office, Ministry of Home Affairs” payable at New Delhi.

Time Limit for Renewal of FCRA registration

FCRA department has to renew the certificate, ordinarily within 90 days from the Form FC5 received. If renewal is not granted within time line, it shall communicate reasons for rejection to the organizations.

Consequences for Delay or Not apply for Renewal

In case an organization fails to apply with in cut off dates mentioned above or not apply at all, its registration of FCRA becomes invalid.

Video

Check out this video

 

Conclusion

It is advisable for organization to start preparing for Form FC5. Download Form FC5 in word format from here. In next blog, we will discuss in detail about what information is to be filled in Form FC5.

# Disclaimer
This video is prepared in the view to facilitate users to fill FC 5 form for FCRA renewal. Kindly refer FCR Act and Rules for accurate information. While we have made every attempt to ensure that the information contained in this site has been obtained from reliable sources, KCJMNGO is not responsible for any errors or omissions, or for the results obtained from the use of this information.

Series – How to Configure Tally ERP9 for NGOs

Topic – Using Cost Category for Three Di-mention Reports

Do you need to provide different reports to different funding agencies in different format ? Are you using EXCEL as main tool to get report ? Do you need to take figures from Tally and present it in different formats ??? If, so than read this blog to configure Tally ERP9 in such a way to get almost all the reports from it.

What is the Problem ?

NGO need to report to different agencies / people in different formats. Like funding agencies wants  to know “Expenditure as per budget Head”, Trustees or Program Head wants to know about Project wise / Area wise / Activity wise expenditures and Auditor wants to know expenditure in standard format like nature wise expenses and so on…

What is the solution ?

To Create such an accounting system so that expenditures are entered once but get the reports from different Di-mentions. Tally ERP9 is capable of doing this by using Cost Category features. Lets take a look how we do it.

Step 1 – Configure General Settings

Gateway → F11 Features → Accounting Features → Cost/Profit Centers Management → Maintain Cost Center → Yes → More than once Cost Category → Yes

Step1_TallyERP9_CostCategory

Step 2 – Create Cost Category

Gateway → Account Info → Cost Categories → Create

I have Created two categories

1) Project wise Expenses – For entering expenses as per Budget Head of the Project

2) Nature wise Expenses – For entering expenses as per Nature like standard expenses i.e Telephone Exp etc..

Step2_TallyERP9_CostCategory

Step 3 – Create Cost Centers (Project Name)

Gateway → Account Info → Cost Centers → Create

I have Created three Projects – Project A, Project B and Project C expenses under Cost Category “Project wise expenditure”

Step3_TallyERP9_CostCategory

Step 4 – Create Ledger Account  (Budget Head)

Gateway → Account Info → Ledgers → Create

Create Ledger Account same as per Budget Head of the Funding Agencies under Project Name as group (Indirect Expenses) .  See below image – I have created Ledger “Communication – Field (PA) under “Project A Expenses” under “Indirect Expenses”

Step4_TallyERP9_CostCategory

Step 5 – Cost Center (Standard Expenses)

Gateway → Account Info → Cost Centers → Create

Now create Standard Expenditures under theses second type of Cost Category “Nature wise Expenditures”. I have Created Telephone Expenses and such other Standard expenses – see below image.

Step5_TallyERP9_CostCategory

Step 6 – Voucher Entry

Now whenever voucher entry is made you have to select two components i) Project wise and ii) Nature wise.- see below image.

Step6_TallyERP9_CostCategory

Step 7 – Reports

Gateway → Display → Statement of Accounts → Cost Centers → Category Summary

From this Report, you can get total expenses bifurcated in both way Nature wise Expenses and Project wise Expenses. Have a look.

Step7_TallyERP9_CostCategory

Step 7 – Reports (Continue…)

Gateway → Display → Statement of Accounts → Cost Centers → Cost Center Breakup

From this Report, you can get total expenses Project wise. Have a look.

Step7.1_TallyERP9_CostCategory

Conclusion – Use your creativity

By using cost category and your creativity, you can fulfill any requirements and have wonderful reports.

I have created Area wise expenditure to know exactly how much expenses in Rural Area and Urban Area or Filed office Expenses and Head office Expenses. Have a look….

Step7.2_TallyERP9_CostCategory

FCRA advisory committee has issued a circular for all the NGOs having registration of FCRA  to spent expenditure of more than Rs. 20000 only by way of CHEQUE or DEMAND DRAFT. This means any CASH Expenditure for more than Rs. 20000 is not advisable as per this circular. The circular issued by FCRA department is attached here.

Let us get into the details.

Why such circular ?

FCRA department has mentioned in the circular that, they have observe many organizations has spend or withdraw huge cash from FCRA Bank and Utilization account.

Is there any provision in FCR Act 2010 ?

As such there is no specific section in the FCR Act, 2010 for limiting expenditure in cash. FCRA Department has given reference of  Sec 40a(3) of Income Tax Act for dis-allowance of expenditure of more than Rs. 20000. However in my opinion that section is applicable to only business income and not grants.

Consequences if spent expenditure for more than Rs. 20000

FCRA department has made it clear in circular that in case of payments expenditure  of more than Rs. 20000 by CASH, such associations are likely to require more intensive scrutiny by Government

What NGO has to do?

Try to make all the payments and expenditure of more than Rs. 20000 by crossed payee cheques or demand draft.

However, in practicality, sometimes NGO has to pay by CASH. In such circumstances there must be valid reason for that and NGO has to keep record for such explanation. So that in case of scrutiny, NGO can put its valid reasons before authorities. (It is author’s personal view)

For any further inquiry click here.

FCRA Department Circular

FCRA Cicrular_Rs20000