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Income Tax Approval of Gratuity Trust | Savlana Init
Gratuity Trust · IT Approval

Income Tax Approval — Where the Tax Benefits Actually Kick In.

A registered trust deed alone doesn't unlock tax benefits — the trust must be separately approved by the Commissioner of Income Tax under the Fourth Schedule. We handle that application.

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Part C of the Fourth Schedule to the Income Tax Act governs 'approved gratuity funds' — a gratuity trust only qualifies for the tax benefits (employer contribution deductibility under Section 36(1)(v) and trust income exemption under Section 10(25)(iv)) once it is approved by the jurisdictional Commissioner or Principal Commissioner of Income Tax, following an application under Rule 109/110 of the Income Tax Rules.

The application requires the registered trust deed, trustee details, a copy of the funding arrangement (typically the group gratuity insurance policy), and confirmation that the trust's rules meet the Fourth Schedule's conditions — including that the fund is for the exclusive benefit of employees, is irrevocable, and that at least 90% of trustees are not employer-controlled in specified structures (conditions vary and are checked against the actual deed).

Approval, once granted, isn't necessarily permanent — the Commissioner can withdraw approval if the trust ceases to satisfy the Fourth Schedule conditions, which is why ongoing compliance (see our Annual Compliance page) matters as much as getting the initial approval.

Our IT Approval Services

Fourth Schedule Eligibility Review

Checking the registered trust deed and structure against Part C conditions before the approval application is filed.

Form & Application Preparation

Preparing the approval application under Rule 109/110 with the trust deed, trustee details, and funding documentation.

Jurisdictional CIT Filing

Filing the application with the Commissioner of Income Tax having jurisdiction over the trust.

Query & Clarification Response

Responding to any clarification queries the Income Tax department raises before granting approval.

Approval Order Follow-Up

Tracking the application through to the formal approval order and confirming its terms.

Approval Renewal/Continuation Advisory

Guidance on conditions that must continue to be satisfied to avoid withdrawal of approval.

Deed-Condition Reconciliation

Checking that deed terms (trustee composition, irrevocability, exclusive-benefit clause) match Fourth Schedule requirements exactly.

Withdrawal-Risk Advisory

Flagging any trust practice or event that could put existing approval at risk of withdrawal.

Our Process

1

Eligibility Review

We check the registered deed's clauses against Fourth Schedule Part C conditions before applying.

2

Documentation Compilation

Trust deed, trustee list, funding policy, and PAN details are compiled into the application package.

3

Application Filing

The approval application is filed with the jurisdictional Commissioner of Income Tax under Rule 109/110.

4

Query Resolution

Any department queries on the deed terms or funding arrangement are addressed promptly.

5

Approval Order & Compliance Handover

On approval, we confirm the order terms and hand the trust into our annual compliance tracking.

Why It Matters

Employer contributions become tax-deductible under Section 36(1)(v)
Trust income becomes exempt under Section 10(25)(iv)
Deed reviewed against Fourth Schedule conditions before filing to reduce queries
Application filed with the correct jurisdictional Commissioner
Ongoing conditions tracked so approval isn't put at risk after grant
Faster resolution of department clarification queries
Clear handover into annual compliance once approval is granted
Advisory on structuring the trust to keep approval conditions intact

Frequently Asked Questions

It's a gratuity trust that has been specifically approved by the Commissioner of Income Tax under Part C of the Fourth Schedule, confirming it meets conditions like being irrevocable, established exclusively for employee benefit, and administered as prescribed. Only approved funds get the tax benefits attached to gratuity trusts.
No — deed registration and Income Tax approval are entirely separate processes. Approval requires a distinct application to the Commissioner of Income Tax under the Fourth Schedule, evaluated against specific conditions the deed and trust structure must satisfy.
The registered trust deed, list of trustees, the trust's PAN, details of the funding arrangement (such as the group gratuity insurance policy), and any other documents the jurisdictional Commissioner requests demonstrating the trust meets Fourth Schedule conditions.
Yes — if the trust ceases to satisfy the conditions under which approval was granted (for example, if funds are used for a purpose other than employee gratuity, or trustee/administration rules are breached), the Commissioner can withdraw approval, which is why ongoing compliance matters.
Timelines vary by jurisdiction and how quickly documentation queries are resolved, but with a well-prepared application matching Fourth Schedule conditions, approval is generally obtained within a few months of filing.
Each trust is approved individually against its own deed and trustee structure. Where multiple group companies participate in a shared group gratuity trust, the approval covers that specific trust — see our Group Gratuity Trust Compliance page for how multi-employer participation is structured.

Ready to get your gratuity trust approved?

We'll check your deed against Fourth Schedule conditions and file the approval application with the correct Commissioner.