A Complete Guide to Corpus Fund in Housing Societies | MyGate (2024)

There are several confusing and interchangeable terms as far as the finance mechanisms of sustaining a housing society are concerned. Once you decide to become a homeowner, you’d be introduced to concepts like Corpus Fund, Sinking Fund, and Hybrid Maintenance Calculation, among others. It’s not a point of concern because everything a housing society spends is well accounted for and highly regulated by the managing committee.

What is corpus fund in housing societies?

Corpus Fund Meaning

In general terms, Corpus Fund meaning can be referred to as a capital fund; an amount kept aside for an organization/entity to operate, exist and maintain itself. These funds are not meant to be utilized for the attainment of any objectives and are accrued through voluntary contributions.

With respect to corpus fund for apartment, it’s the responsibility of the developer to collect the corpus fund in order to maintain the amenities and facilities. In other words, it’s a lump sum amount collected (think of it as a pre-paid maintenance charge) from the home buyer for maintenance purposes and is not included in the total sale amount of the property. Not the corpus fund but the interest generated on the amount can be actually utilized by the developer for the aforementioned maintenance expenses. However, once the housing society or the apartment association is formed, the developer has to hand over the corpus fund to the managing committee. For further permanent upkeep, residents pay a maintenance charge to the MC on a monthly, quarterly or annual basis on a calculation method decided unanimously.

What is the Corpus Fund used for?

The developer uses the interest or dividend generated from the Corpus Fund to pay a facility management and supervision agency which takes care of amenities, common areas, light bill, servicing, cleaning, etc. The builder cannot use the interest generated from the Corpus Fund for any other purposes.

What do the bye-laws say about the society Corpus Fund?

Corpus Fund RulesModel bye-laws of Maharashtra clearly state that a minimum of Rs 10,000 to a maximum of Rs 25,000 premium on the transfer of property rights can be charged. But these come into effect once the society is formed; mostly builders calculate corpus fund on sq feet basis and the amount can be well over Rs 1 lakh. Once the housing society is duly formed, the Corpus Fund amount can also be transferred to the Sinking Fund which is used for major repairs, reconstruction, structural addition or redevelopment. Many societies prefer to collect a big amount of corpus funds from every owner and from the interest generated, they maintain the amenities for decades, only charging the owners for additional repairs and replacements. The general body of the society can form its own rules and regulations with regards to the amount, its investment and its utilization. If a homeowner needs clarity on this fund and its specific use, he can obtain a copy of the bye-laws from the society’s office and demand to see the annual financial report of the society.

Model bye-laws of Maharashtra clearly state that a minimum of Rs 10,000 to a maximum of Rs 25,000 premium on the transfer of property rights can be charged. But these come into effect once the society is formed; mostly builders calculate corpus fund on sq feet basis and the amount can be well over Rs 1 lakh. Once the housing society is duly formed, the Corpus Fund amount can also be transferred to the Sinking Fund which is used for major repairs, reconstruction, structural addition or redevelopment. Many societies prefer to collect a big amount of corpus funds from every owner and from the interest generated, they maintain the amenities for decades, only charging the owners for additional repairs and replacements. The general body of the society can form its own rules and regulations with regards to the amount, its investment and its utilization. If a homeowner needs clarity on this fund and its specific use, he can obtain a copy of the bye-laws from the society’s office and demand to see the annual financial report of the society.

What if the developer refuses to return the Corpus Fund?

Send a legal notice to the builder and if that doesn’t work, file a complaint in the consumer court as well as RERA. It’s a civil case, not to be disposed of in the criminal court. Note that the corpus fund amount cannot be paid in installments by the builder. The same redressal can be sought if the builder has misused the Corpus Fund and refuses to account for the monies swindled from the owners.

Before you sign the dotted line, make sure you have gained clarity from the builder about how much money he aims to collect as a corpus fund and be sure to understand every line item from the proposed utilization format of the fund amount. Better beware today than to be surprised tomorrow.

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A Complete Guide to Corpus Fund in Housing Societies | MyGate (2024)

FAQs

How the corpus fund is calculated? ›

The corpus fund is calculated depending on the square feet which is collected by the builder. The amount could sum up in lakhs of rupees.

What is corpus fund in cooperative society? ›

Corpus Fund means the capital, funds generated and kept for existence and sustenance of the organisation. Corpus Fund means the permanent fund kept for the basic expenditures need for the administration and survival of the organisation.

How do you maintain corpus fund? ›

However, once the housing society or the apartment association is formed, the developer has to hand over the corpus fund to the managing committee. For further permanent upkeep, residents pay a maintenance charge to the MC on a monthly, quarterly or annual basis on a calculation method decided unanimously.

Is it mandatory to pay corpus fund? ›

The members are required to pay the corpus fund. The corpus fund is a reserve fund maintained by the association to meet the expenses of any major repair or renovation work. Therefore it is pertinent that all the members are required to pay the corpus fund.

What is the purpose of corpus fund? ›

Corpus fund is an unrestricted permanent fund. The limitation is on the use itself rather than the type of use. A corpus fund can be used in rare circ*mstances where the survival of the NGO is at threat. Such decisions are seldom taken and should be taken at general meetings.

Can corpus fund be withdrawn? ›

55 lakhs withdrawn by the trust from the corpus fund are nothing but income of the trust. Secondly, withdrawal from the corpus fund merely lends a character of income to this amount and does not lead to any violation of s. 11 / s.

What is building corpus fund? ›

A corpus fund is a large amount of money that is collected by the builder from the buyer at the time of booking of the apartment. These funds are utilised towards building and maintaining of the several recreational amenities that have been guaranteed by the builder through his advertisem*nt/prospectus.

Is TDS applicable on corpus fund? ›

TDS cannot be charged on GST component. GST cannot be charged on corpus fund and Electricity and water connection charges. Maintenance charges taken in advance has to be grossed up and GST to be calculated.

Is sinking fund and corpus fund same? ›

The residents' welfare association (RWA) of the Bengaluru-based Olety Landmark Apartments had approached the AAR to ascertain whether it is liable to pay GST on the amounts which it collects from its members towards the sinking fund (also termed as corpus fund).

Is corpus fund received on redevelopment taxable? ›

Receipt of corpus fund is a capital receipt and hence non taxable. Receipt of monthly rent shall be exempt to the extent it is utilised for payment of rent . Any excess amount received shall be taxable.

How do you show corpus fund on a balance sheet? ›

Corpus would appear on the Liabilities side of the Balance Sheet as “General Fund” or “Trust Fund”. Practically, it is a liability of the Trust or Society to itself. On the Assets side, it may be represented by Fixed Assets, Investments, Currency, Bank Balances or Recoverables.

Is GST applicable on corpus fund? ›

GST at 18% is applicable on repair and maintenance funds and sinking funds collected by residents' welfare association (RWA) or Housing Society if the total value of charges exceeds the threshold limit of Rs. 7500 per month per member, Maharashtra Authority for Advance Ruling (AAR) said.

Who pays the corpus fund owner or tenant? ›

The tenant pays, but with COVID 19 will getting them to leave be a concern? I would live there. There are many potential issues.

What is a corpus in finance? ›

Corpus is defined as the total amount of money that is invested in a particular scheme by all investors. For example, imagine that there are 100 units in an equity fund. Each unit is worth Rs 10. The total corpus of the fund is Rs 1,000.

What is a corpus in property? ›

The corpus of a trust is the sum of money or property that is set aside to produce income for a named beneficiary. In the law of estates, the corpus of an estate is the amount of property left when an individual dies. Corpus juris means a body of law or a body of the law. Corpus Juris Secundum (C.J.S.

Can corpus donation be received in cash? ›

SECTION 80G

The Finance Act 2017 has amended the provisions of section 80G (5D) wef AY 2018-19 providing that “No deductions shall be allowed under this section in respect of donation of any sum exceeding two thousand rupees unless such sum is paid by any mode other than cash.” Thus a person donating more than Rs.

Is corpus donation taxable? ›

held that corpus donations‟ received for specific purpose by the trust, which is not registered under section 12 A/12AA of the Act, are not taxable as they assume the nature of Capital Receipt‟.

What is Corpus tax? ›

Corpus is the principal or property of an estate or trust. It does not include the income it earns, receives or realizes from the corpus. Income is earned by the estate or trust on its assets and could be realized in the following six classes of income: 1.

What is accumulated corpus? ›

Accumulated Pension Corpus means the monetary value of the pension investments accumulated in the Individual Pension Account of a subscriber under the National Pension System; Sample 1Sample 2Sample 3.

What is hardship compensation for redevelopment? ›

In such scenario , the compensation is normally paid by the builder on account of hardship faced by owner of the flat due to displacement of the occupants of the flat. The said payment is in the nature of hardship allowance / rehabilitation allowance and is not liable to tax.

What is Corpus fund Scheme for SC ST? ›

The scheme was notified in 1992 and was aimed to help SC/ STs Category LPG distributors. Under the scheme public sector Oil Marketing Companies (OMCs) provided land and related infrastructure to the distributors availing the scheme.

How do you get corpus fund from builder? ›

The Builder shall transfer the corpus fund to the Association after its formation. An amount of say for example Rs 1.5 lakhs for 2 years will be collected from each Apartment buyer as Building Corpus Fund and the interest earned on this Fund will be utilized for payments to the Facilities Management company.

What is the minimum corpus limit for accepting a trust proposal? ›

The basic exemption limit is Rs. 2,50,000/-, after allowing the same, the trust will be required to pay tax on remaining Rs. 75,000/- on slab rate basis. Here no part of corpus donation of Rs.

How do you calculate capital gains on redevelopment property? ›

At the first instance on the redevelopment of the property, the first event of capital gains taxation will occur. Gains from the sale of any immovable property held for more than 24 months is treated as long-term capital gains (LTCG) and is taxable at 20.60% (plus applicable surcharge).

What is corpus fund donation? ›

So, we will understand the meaning of 'Corpus Donation' in general sense. In simple words, 'Corpus Donation' is a donation of permanent nature and somewhat like capital of an organization. Not every donation received by a trust is a corpus donation.

What is Corpus amount in redevelopment? ›

Corpus fund is a lumpsum amount paid by the builder to the unit holder in form of hardship compensation. It is a well settled principal in Income Tax Law that the capital receipts are not liable to tax.

What is IOD in redevelopment? ›

IOD stands for Intimation of Disapproval or Authorization is the first permit considered for construction. CC stands for Completion Certificate and given in 2 stages. Whereas, OC stands for Occupation Certificate which states the construction had been completed as per the plan.

What is section 45 of income tax Act? ›

(1) Any profits or gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided in sections 54, 54B, 54D, 54E, 54EA, 54EB, 54F, 54G and 54H, be chargeable to income-tax under the head "Capital gains", and shall be deemed to be the income of the previous year in ...

What is corpus fund certificate? ›

Corpus fund is an unrestricted permanent fund. The restriction is on the use itself rather than the type of use. A corpus fund may be used in exceptional circ*mstances, where the survival of the NGO is at threat. Such decisions are rarely taken and should be taken at general meetings.

What is corpus fund for flats? ›

Generation of Corpus Fund in a Housing Society

While selling the property, every buyer of the home/apartment contributes his share of a predetermined amount that collectively forms the Corpus Fund. The builder delivers the built property to the buyer generally within 2 years in case the property is under construction.

Is Sinking Fund compulsory? ›

It is mandatory and highly recommended that a housing society create a Sinking Fund, which it can do by collecting financial contributions at a fixed rate from each of its members on a monthly basis and then accumulating it over the years so that a substantial amount is generated.

Is GST registration mandatory for housing society? ›

The activities of the housing society would thus attract the levy of GST and the housing society would be required to register and comply with the GST Law.

What is corpus fund in Marathi? ›

कॉर्पसमध्ये प्रसिद्ध लेखकांनी लिहिलेले अनेक भिन्न लेख होते

What is the difference between Corpus and principal? ›

The principal of an estate or trust is the amount originally received, plus capital gains and less debts, expenses, and capital losses. The principal is sometimes called the "corpus" (or body) of the estate or trust. The income is the interest, dividends, and other income earned by the principal.

What is Corpus trust? ›

The term “corpus” is Latin for "body.” A trust corpus is the "body" of the trust. This is the property that is transferred into the trust; also known as the trust res. A trust corpus is one of the fundamental elements that has to be defined for the formation of a valid trust.

What is the synonym for Corpus? ›

In this page you can discover 23 synonyms, antonyms, idiomatic expressions, and related words for corpus, like: body, bulk, capital, compilation, mass, principal, whole, amount, budget, quantity and quantum.

What is corpus fund as per Income Tax Act? ›

Corpus fund is an unrestricted permanent fund. The restriction is on the use itself rather than the type of use. A corpus fund may be used in exceptional circ*mstances, where the survival of the NGO is at threat. Such decisions are rarely taken and should be taken at general meetings.

How do you show corpus fund on a balance sheet? ›

Corpus would appear on the Liabilities side of the Balance Sheet as “General Fund” or “Trust Fund”. Practically, it is a liability of the Trust or Society to itself. On the Assets side, it may be represented by Fixed Assets, Investments, Currency, Bank Balances or Recoverables.

Is TDS applicable on corpus fund? ›

TDS cannot be charged on GST component. GST cannot be charged on corpus fund and Electricity and water connection charges. Maintenance charges taken in advance has to be grossed up and GST to be calculated.

What is corpus fund in colleges? ›

The Corpus Fund will be a capital amount maintained as a fixed deposit in a nationalized bank and only the accrued interest and returns will be utilized for the set objectives. Ms. Rashmi Parvathi, seventeen-year-old scientist of the district, studying at Vivekananda P.U.

Is corpus fund received on redevelopment taxable? ›

Receipt of corpus fund is a capital receipt and hence non taxable. Receipt of monthly rent shall be exempt to the extent it is utilised for payment of rent . Any excess amount received shall be taxable.

How do I set up a corpus donation account? ›

A donation qualifies as a 'Corpus Donation' only when the donor makes a specific direction that such donation should form part of the corpus of the organization. If no such direction is given by the donor, the donation shall be treated as 'voluntary contribution' or general donation for the purpose of Income Tax Act.

Is GST applicable on corpus fund? ›

GST at 18% is applicable on repair and maintenance funds and sinking funds collected by residents' welfare association (RWA) or Housing Society if the total value of charges exceeds the threshold limit of Rs. 7500 per month per member, Maharashtra Authority for Advance Ruling (AAR) said.

Is interest on corpus fund taxable? ›

In other words all interest earned on corpus fund & restricted grant are included in the income of the organisation and are subject to 85% utilisation as required under the Income Tax Act 1961.

Can corpus donation be received in cash? ›

SECTION 80G

The Finance Act 2017 has amended the provisions of section 80G (5D) wef AY 2018-19 providing that “No deductions shall be allowed under this section in respect of donation of any sum exceeding two thousand rupees unless such sum is paid by any mode other than cash.” Thus a person donating more than Rs.

Is corpus donation taxable? ›

held that corpus donations‟ received for specific purpose by the trust, which is not registered under section 12 A/12AA of the Act, are not taxable as they assume the nature of Capital Receipt‟.

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