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Rule 182 and Rule 183 of Income-tax Rules 2026 — NPO Commercial Gains and Related Persons

Rule 182 of the Income-tax Rules, 2026 computes a registered non-profit organisation's permissible commercial activity as a separate entity with separate books; rule 183 lists ten...

Vikas Sharma Tax & Compliance Expert
8 min read 5 views Updated Sep 9, 2026 Expert Reviewed High Complexity In-Depth Guide
Rule 182 and Rule 183 of Income-tax Rules 2026 — NPO Commercial Gains and Related Persons
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Last updated: September 2026Applies to: FY 2026-27 (AY 2027-28)Verified against: Government sources
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Rule 182 of the Income-tax Rules, 2026 computes a registered non-profit organisation's permissible commercial activity as a separate entity with separate books; rule 183 lists ten circumstances in which income is treated as applied for a related person's benefit; rule 186 puts a change of accumul…

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Rule 182 — ring-fencing the commercial activity

For the purposes of section 335(e), the gains of any commercial activity permissible under sections 344, 345 and 346, carried out by a registered non-profit organisation for a tax year, are computed as follows:

  • (a) the commercial activity is treated as if it is an entity separate from the registered non-profit organisation;
  • (b) separate books of accounts are maintained for such activities; and
  • (c) the gains for the tax year are computed as per the provisions of Part D of Chapter IV of the Act.
Three words that change how a charity keeps its books

Clause (b) of rule 182 is not a computational assumption — it is an accounting requirement. Separate books must actually be maintained for the permissible commercial activity, contemporaneously, not reconstructed at the year end from a single set of records. Clause (a) then treats that activity as a separate entity, and clause (c) computes its gains under Part D of Chapter IV — the ordinary business income provisions, with their deductions, disallowances and depreciation. A registered non-profit organisation running a permissible commercial activity is therefore, for this purpose, keeping a second set of business accounts alongside its own. That decision has to be taken when the activity starts.

Note the scope. Rule 182 applies to activity that is permissible under sections 344, 345 and 346. An activity outside those sections is not made permissible by keeping separate books, and the rule does not reach it.

Rule 183 — the ten circumstances

For section 337 , income applied directly or indirectly for the benefit of any related person during the tax year is computed under sub-rule (2) in these circumstances:

ClauseCircumstance
(a)Income or property lent to a related person for any period during the year without adequate security
(b)Income or property lent to a related person without adequate interest
(c)Land, building or other property made available for the use of a related person without charging adequate rent or other compensation
(d)Salary, allowance or otherwise paid to a related person for services rendered, in excess of what may reasonably be paid for those services
(e)Services or goods or both made available to a related person without adequate consideration or other compensation
(f)Share, security or other property purchased from a related person for consideration more than adequate
(g)Share, security or other property sold to a related person for consideration less than adequate
(h)Income diverted in favour of a related person, where the aggregate of the income exceeds Rs 1,000
(i)Property diverted in favour of a related person, where the value of the property exceeds Rs 1,000
(j)Funds invested, or continuing to remain invested, for any period during the year — not being a period before 1 January 1971 — in any concern in which a related person has a substantial interest

Sub-rule (2): the income is the value of any benefit or facility granted or provided free of cost or at concessional rate to the related person. Sub-rule (3): "related person" has the meaning in section 355(h).

"Continues to be" — an old arrangement is caught every year it survives

Clauses (a), (b), (c) and (j) of rule 183(1) are all drafted in two tenses: property "is, or continues to be" lent, made available, or invested. That is deliberate. A loan made to a trustee ten years ago without adequate security is caught in every tax year it remains outstanding, not only in the year it was made. So is a building let to a founder's family at a low rent, and so is a legacy shareholding in a concern where a related person has a substantial interest. Reviewing only the year's new transactions misses most of what this rule catches. The right exercise is an annual review of every continuing position with a related person.

Note that the measure in sub-rule (2) is the value of the benefit, not the amount of the transaction. On an interest-free loan the income is the interest forgone, not the principal; on a rent-free building it is the rent forgone. Clauses (h) and (i) are different in kind — there the whole diverted income or property is in issue, subject to the Rs 1,000 threshold, which is a legacy figure that almost any diversion will exceed.

Rule 186 — changing the purpose of an accumulation

Where a registered non-profit organisation has accumulated or set apart part of its regular income under section 342(1), it may request the Assessing Officer to change the purpose for which the income is accumulated, by applying in Form No. 110.

ElementProvision in rule 186
ApplicationForm No. 110 to the Assessing Officer — sub-rule (1)
ModeFurnished electronically: under digital signature if the return of income must be so furnished, otherwise through electronic verification code — sub-rule (2)(a)
VerificationBy the person authorised to verify the return of income under section 265, as applicable to the applicant — sub-rule (2)(b)
OrderThe Assessing Officer may, subject to section 342(2), allow the income to be applied for such other charitable or religious purposes in India as are in conformity with its objects, in Form No. 111 — sub-rule (3)
Two limits on what the new purpose can be

Sub-rule (3) of rule 186 does not let an organisation redirect an accumulation anywhere it likes. The substituted purpose must be charitable or religious, must be in India, and must be in conformity with the organisation's own objects. So the change is a re-allocation within the objects clause, not a route around it. And the whole discretion is subject to section 342(2), which sets the conditions on accumulation itself. The application is worth making early: until Form No. 111 issues, the accumulation remains tied to its original purpose, and an accumulation applied to an unapproved purpose is exposed under section 342.

Worked example

FactsPosition under rules 182, 183 and 186
NPO runs a permissible training business alongside its charitable workGains computed as a separate entity under Part D of Chapter IV
Single ledger split at the year endRule 182(b) requires separate books maintained
Activity outside sections 344 to 346Rule 182 does not apply — the activity is not permissible
Interest-free loan to a trustee, made in 2019, still outstandingCaught each year — clause (b), "continues to be"
Building let to a founder's son at a nominal rentClause (c); the income is the rent forgone
Trustee paid Rs 30 lakh for services worth Rs 8 lakhClause (d) — the excess is the benefit
Shares bought from a related person above marketClause (f)
Legacy holding in a concern where a trustee has a substantial interestClause (j), for every year it remains
Rs 900 of income diverted to a related personBelow the Rs 1,000 threshold in clause (h)
Accumulation for a hospital wing to be redirected to a schoolForm No. 110, if in conformity with the objects
Redirection to a purpose outside IndiaNot available — the purpose must be in India
Form No. 110 filed on paperDefective — electronic filing is required

Compliance checklist

  • Confirm the activity is permissible under sections 344, 345 and 346 before applying rule 182.
  • Set up separate books for it at the outset, not at the year end.
  • Compute its gains under Part D of Chapter IV, as a separate entity.
  • Review every continuing arrangement with a related person annually, not only new ones.
  • Value the benefit as the amount forgone — interest, rent, or the excess paid.
  • Watch clause (j) for legacy investments in related-person concerns.
  • Apply in Form No. 110 before applying an accumulation to a different purpose.
  • Ensure the new purpose is charitable or religious, in India, and within the objects, and wait for Form No. 111.

Common mistakes

  • Reconstructing separate accounts instead of maintaining them.
  • Reviewing only the year's new related-person transactions.
  • Treating the loan principal as the income under clause (a) or (b).
  • Overlooking a legacy shareholding under clause (j).
  • Redirecting an accumulation before Form No. 111 issues.
  • Choosing a new purpose outside the objects clause.

Which year this governs

The Income-tax Rules, 2026 are made under the Income-tax Act, 2025. Rule 182 has no 1962 parallel; rule 183 corresponds to section 13(2) and rule 186 to section 11(3A) of the repealed Income-tax Act, 1961, given for tracing only. Verify the current text before acting.

Key Facts About Rule 182

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

How are gains of a permissible commercial activity computed?

The activity is treated as if it is an entity separate from the registered non-profit organisation; separate books of accounts are maintained for it; and the gains for the tax year are computed as per Part D of Chapter IV of the Act.

Which sections does rule 182 serve?

Section 335(e), for commercial activity permissible under sections 344, 345 and 346.

Over 90% of compliance penalties in India arise from missed due dates — timely handling can save businesses thousands of rupees each year.

— TaxClue Compliance Desk

Rule 182: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Frequently Asked Questions
How are gains of a permissible commercial activity computed?
The activity is treated as if it is an entity separate from the registered non-profit organisation; separate books of accounts are maintained for it; and the gains for the tax year are computed as per Part D of Chapter IV of the Act.
Which sections does rule 182 serve?
Section 335(e), for commercial activity permissible under sections 344, 345 and 346.
What does rule 183 compute?
For section 337 [Table: Sl. No. 2], any income or part of it applied directly or indirectly for the benefit of a related person during the tax year.
What is the measure of that income?
The value of any benefit or facility granted or provided free of cost or at a concessional rate to the related person.
What are the circumstances?
Lending without adequate security; lending without adequate interest; property made available without adequate rent or compensation; salary or allowance in excess of what is reasonable for the services; services or goods provided without adequate consideration; purchase from a related person for more than adequate consideration; sale to a related person for less than adequate consideration; diversion of income exceeding Rs 1,000; diversion of property exceeding Rs 1,000; and funds invested in a concern in which a related person has a substantial interest.
Is there a date limit on the investment circumstance?
Yes. Clause (j) covers funds invested or continuing to remain invested during the tax year, not being a period before the 1st day of January, 1971.
Where is "related person" defined?
In section 355(h).
How is a change of accumulation purpose sought?
By application to the Assessing Officer in Form No. 110, furnished electronically under digital signature or EVC and verified by the person authorised to verify the return under section 265.
How does the Assessing Officer respond?
Subject to section 342(2), he may allow the organisation to apply its income for such other charitable or religious purposes in India as are in conformity with its objects, in Form No. 111.
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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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