• Flat owners’ association

Main Objectives of Association:-
To collect fixed monthly maintenance charges from residents and manage the affairs of Association by incurring expenses towards salary of gate keepers, electric bills for common area to all residents, water pump expenses, generator expenses, lift expenses, sweeper expense, Complex cleaning expenses etc.

Association has a bank a/c with UBI. Saving from these maintenance charges if any is put to fixed deposits with UBI.

Interest is earned on these fixed deposits. The Bank deducts TDS on interest @10%. Earlier, i.e. before taking PAN, the bank used to deduct TDS @20%.

Kindly guide us regarding following.
1.	Whether we have to take registration?
2.	Is filling of income tax returns applicable on us? If yes, How to calculate Income & tax thereon? From which period we have to file the IT returns?
3.	Whether we have to take TAN registration?
4.	If yes, what are the procedure, limit and percentage of TDS to be deducted?
5.	Is audit of the accounts of Association mandatory?
6.	What may be the consequences if the answers to above questions are affirmative and we don’t follow them?
7.	Anything apart from above, you feel we should know & follow.
Your opinion in the matter will be highly valuable.
Regards
B.K.Musaddi
Asked 6 years ago in Income Tax

You need to register your society as association of persons and file income tax return.

You dont need to register for TAN or audit.

If you need any further assistance feel free to contact me.

https://taxguru.in/income-tax/taxability-resident-welfare-associations-income-tax-act.html

You can read this.

If you dont take registration you may get a notice asking for explanation of everything.

 

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Hi,

 

1 Such association's are known as RWA, the purpose is mutual benefit of the members. Obtaining PAN is sufficient. 

2 Yes, filing of ITR is applicable to you. You need to prepare Receipts & Payments account and Sources and application of funds account. The tax will be paid on the income of RWA i.e. interest on FD.

3 Yes if tax audit is applicable

4 It depends on nature of each payment.

5 Yes if association gets involved in the business and turnover exceeds Rs.2 cr.

6 Litigation

7 GST will be applicable if the maintenance charges per member per month exceeds Rs.7,500.

 

Thanks

Vivek Kumar Arora
CA, Delhi
5015 Answers
1138 Consultations

- Same what you have written. Please take phone consultation.

Vivek Kumar Arora
CA, Delhi
5015 Answers
1138 Consultations

Sir your earlier question was related to Housins society and now you are abruptly asking for export please explain the background of question.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Answer to your first question.

1. Yes, you have to take the registration.

2. Filing ITR is applicable to claim refund on the TDS of interest if any.

3. Depends on the transactions. 

4. Not applicable. 

5. Not required

6. Department is going to raise questions on your non-adherance.

 

Answer to your second question.

All the documents that you have mentioned is the documentation required.

 

Thank you

Navya Tejas
CA, Bangalore
45 Answers

Dear Sir,

 

Please consult with FEMA expert for documentation in relation to Export of Goods to Nepal and Bhutan.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hello,

 

You need to register as AOP under Income Tax. 

Yes, you need file return. Pay tax on income earned by the association.

No need to obtain TAN. No need for tax audit.

 

I hope this answer satisfies your requirement.

 

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Yes you are liable to be registered and file income tax return TDS and GST return depends on turnover. 

If you want I can help you on that. 

Vidya Jain
CA, Kolkata
1027 Answers
58 Consultations

Hi,

 

-You will have to take the registration for association.

- Yes, filing of income tax return is applicable to you.

-It depends on the turnover. If tax audit is applicable, then you need to take the TAN.

-TDS rate is depend on each transaction and nature of payment.

-.Under section 44AB, a compulsory tax audit is required to be completed by a Chartered Accountant if a business has total sales turnover or over Rs.1 crore/ Rs 2 Crore for opting PTS.

.You may get the notice for non-compliances.

 

 

 

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

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