The 2% rule
Under Section 135, a company that crosses the CSR thresholds (net worth ₹500 crore, turnover ₹1,000 crore, or net profit ₹5 crore) must spend at least 2% of its average net profit of the preceding three years on CSR each year. It also forms a CSR committee and adopts a CSR policy.
If it can't spend it
CSR is now effectively mandatory spend, not just ‘comply or explain’. Unspent amounts relating to an ongoing project must go to a dedicated Unspent CSR Account and be used within three years; other unspent amounts must be transferred to a specified government fund. Underspending without proper treatment attracts penalties. Confirm the current thresholds and treatment.
A worked example
Example: a company with an average net profit of ₹50 crore must spend ₹1 crore (2%) on CSR. If it commits ₹70 lakh to an ongoing school project but only spends ₹40 lakh this year, the unspent ₹30 lakh of that project goes to its Unspent CSR Account for completion within three years. The spend is then reported in Form CSR-2. Our team can help structure and report CSR.