ndsavla
Gratuity Trust Registration (IT Act) | Savlana Init
Gratuity Trust · Registration

Gratuity Trust Registration — Set Up Under the IT Act, Correctly.

Registering a gratuity trust means drafting a compliant deed, appointing trustees, and structuring the fund so it can later obtain Income Tax approval. We handle the full setup.

Contact Us

Registering a gratuity trust starts with executing an irrevocable trust deed that establishes the fund exclusively for the benefit of employees under the Payment of Gratuity Act, appoints a board of trustees (typically including employer and, in some structures, employee representatives), and sets out the rules for contributions, benefit calculation, and fund administration. The deed is registered with the local Sub-Registrar under the Indian Trusts Act/Registration Act, which is a prerequisite before Income Tax approval can be sought separately.

Getting the deed right at this stage matters because amending it later — to change trustees, funding rules, or administration terms — is its own filing exercise (see our Trust Deed Amendments page). We draft the deed to anticipate common changes (like adding group companies or changing the actuary/insurer) so routine changes don't require a full deed overhaul later.

Once the deed is registered, the trust needs a PAN, a bank account in the trust's name, and — critically — a funding arrangement, typically a group gratuity policy with an IRDA-licensed insurer, before it can proceed to seek Income Tax approval under Part C of the Fourth Schedule.

Our Trust Registration Services

Trust Deed Drafting

Drafting an irrevocable gratuity trust deed compliant with the Payment of Gratuity Act and Income Tax Fourth Schedule requirements.

Trustee Structure Advisory

Advising on trustee composition, quorum, and governance rules built into the deed.

Deed Registration

Registering the executed trust deed with the local Sub-Registrar as required under the Registration Act.

Trust PAN Application

Applying for a separate PAN for the trust, required for its bank account and future income tax filings.

Trust Bank Account Setup Support

Documentation support for opening a dedicated bank account in the trust's name.

Insurer/Group Gratuity Policy Coordination

Coordinating with an IRDA-licensed insurer to set up the funding policy the trust will hold.

Founding Trustee Resolution Drafting

Drafting the initial trustee resolutions formally adopting the trust rules and funding arrangement.

Handover to Income Tax Approval

Preparing the registered trust for the separate Income Tax approval application that follows registration.

Our Process

1

Structure & Funding Advisory

We advise on trustee composition and the intended funding arrangement (insurer-backed or self-managed) before drafting.

2

Trust Deed Drafting

The deed is drafted to meet Payment of Gratuity Act and Fourth Schedule requirements, anticipating likely future amendments.

3

Execution & Registration

The deed is executed by the settlor and trustees, then registered with the Sub-Registrar.

4

PAN & Bank Account

A trust PAN is applied for, and documentation is prepared to open the trust's dedicated bank account.

5

Funding Policy Setup

The trust enters into a group gratuity policy or equivalent funding arrangement, readying it for Income Tax approval.

Why It Matters

Deed drafted to meet Fourth Schedule requirements from the outset
Trustee structure built to reduce the need for future deed amendments
Registration handled with the correct Sub-Registrar jurisdiction
PAN and bank account sequenced correctly before funding begins
Insurer coordination handled so the funding policy is ready for IT approval
Founding trustee resolutions drafted to formally establish trust rules
Clean handover into the Income Tax approval process that follows
Reduces rework later by anticipating common post-registration changes

Frequently Asked Questions

Yes — the trust deed needs to be registered under the Registration Act for the trust to be legally recognised, and this registered deed is also a prerequisite document when applying separately for Income Tax approval under the Fourth Schedule.
The trust deed can allow for a mixed trustee board including employee or nominee representatives, though many employer-funded trusts appoint trustees primarily from senior management. There's no fixed statutory rule mandating a particular composition, but the deed must clearly define it.
Yes — the trust is a distinct legal entity for tax purposes and needs its own PAN to open a bank account, receive employer contributions, and later file its own income tax return once approved.
No, they are two separate steps. Deed registration with the Sub-Registrar establishes the trust as a legal entity; Income Tax approval under Part C of the Fourth Schedule is a distinct application to the jurisdictional Commissioner, needed to actually access the tax benefits.
Drafting and registering the deed, obtaining PAN, and setting up the bank account and funding policy typically takes a few weeks with cooperative documentation, though the subsequent Income Tax approval application (see our dedicated page) adds further processing time.
Yes — this is common. The informally held corpus or reserve is transferred into the newly registered trust structure once it's set up and, ideally, once Income Tax approval is in process or obtained, so the transfer itself is handled tax-efficiently.

Ready to set up your gratuity trust?

We'll draft the deed, handle registration and PAN, and get the funding policy in place — ready for Income Tax approval.