The Statutory Brief

IT Act 1961 → 2025 / Section 115TD

Charitable trusts

Section 115TD → Section 352

Exit tax on accreted income of charitable trusts

Section 115TD of the old Income-tax Act, 1961 · new section 352 under the Income-tax Act, 2025

New reference Section 352

Income-tax Act, 1961Section 115TD

  • Tax at maximum marginal rate on accreted income on conversion, merger or cancellation
  • Accreted income = FMV of assets minus liabilities

Applies to FY 2025-26 (AY 2026-27) and earlier years.

Income-tax Act, 2025Section 352

  • Same, now section 352
  • Formula A = B – C (FMV of assets less liabilities)
  • Payable within 14 days of the specified date

Applies from tax year 2026-27 (from 1 April 2026).

What changed

Renumbered; formula written explicitly. The Finance Act 2026 substituted the merger trigger (section 352 Table, Sl. No. 8).

Practice notes

  • Specified assets (e.g. those acquired out of exempt corpus) are carved out under rules.

These are summaries, not the statutory text. Read the bare Act for both sections on the Income Tax Department's official site, which also has a side-by-side comparison utility.

Frequently asked

What is the tax on accreted income under the new Income Tax Act 2025?

Section 352: maximum marginal rate on fair market value of assets less liabilities, when a trust converts, merges or loses registration.

What is section 115TD called in the new Income-tax Act, 2025?

Section 115TD of the Income-tax Act, 1961 corresponds to Section 352 of the Income-tax Act, 2025, which applies from 1 April 2026 (tax year 2026-27).

What changed in section 115TD under the new Income Tax Act?

Renumbered; formula written explicitly. The Finance Act 2026 substituted the merger trigger (section 352 Table, Sl. No. 8).

Is section 115TD still applicable for FY 2025-26?

Yes. Income of FY 2025-26 (AY 2026-27) and earlier years is governed by section 115TD of the 1961 Act. Section 352 of the 2025 Act applies from tax year 2026-27.

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