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Hello Auditor

Are there any limitations on business activities for Section 8 companies?

1. Non-Profit Mandate

  • Cannot engage in commercial trade for profit distribution
  • All surplus income must be reinvested in charitable objectives

2. Restricted Revenue-Generating Activities

  • Permitted to earn income only through:
    • Donations & grants
    • Membership fees
    • Service charges (limited to cost recovery)
  • Prohibited from:
    • Share trading
    • Speculative investments
    • High-profit commercial ventures

3. Asset Utilization Restrictions

  • Assets cannot be distributed to members/directors
  • Property must be used exclusively for charitable purposes
  • Sale of assets requires regulatory approval

4. Compliance Requirements

  • Must maintain separate books for business/non-business income
  • Required to spend 85% of income annually (Section 11, IT Act)
  • Penalties for violating non-profit conditions

5. Governance Constraints

  • No dividend payments allowed
  • Salary to members/directors must be reasonable (not profit-linked)
  • Strict MCA & Income Tax reporting obligations

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