Startup
Registrations
MCA Services
Recovery of shares
Trademark
Goods & Services Tax
Income Tax
Compliances

Welcome to Solocorp

Effortless  

Simplify your tax filing, GST, and compliance with our expert solutions.

12A and 80G Registration

Explore all the details you need about 12A and 80G Registration, tailored for your needs.

In India, non-profit organisations can benefit significantly from two specific registrations provided by the Income Tax Department: 12A and 80G. The 12A registration grants non-profit organizations an exemption from paying income tax on their earned income, which can greatly aid in maximising the funds available for their charitable activities. Additionally, the 80G registration offers a substantial benefit to the donors of these organisations, allowing them to claim deductions on their taxable income for any donations made.

At Solocorp Verifocus Legal LLP, we understand the importance of obtaining Section 12A and 80G registrations for your non-profit organisation. We offer comprehensive assistance and guidance throughout the registration process to help you get the benefits and privileges provided under these sections of the Income Tax Act.

What is 12A & 80G Registration?

12A and 80G registrations are critical tax provisions for NGOs in India, enabling charitable institutions to avail themselves of specific tax exemptions and benefits. These exemptions are governed by Sections 12A/12AA and 80G of the Income Tax Act of 1961.

  • 12A Registration: This certification under the Income Tax Act 1961 provides NGOs in India with tax exemption on surplus funds generated through grants, donations, or other revenue used for charitable purposes. It maximizes the funds available for NGO activities.
  • 80G Registration: While 12A registration benefits the NGO, 80G registration incentivises donors by allowing them to claim income tax deductions for their donations. This provision encourages more contributions by providing financial benefits to donors.
  • Mutual Benefits: Both registrations enhance NGOs' ability to attract contributions by offering fiscal advantages to the organisations and their donors, fostering financial support for charitable activities.

Who Can Apply for 12A and 80G Registration?

The following types of organisations are eligible to apply for 12A and 80G registration. Additionally, the eligibility criteria for each registration type are specified below.

Charitable Trusts

Organizations established specifically for charitable purposes are eligible to apply for these registrations.

Registered Societies

Societies formally registered under the Societies Registration Act or similar state laws can apply for 12A and 80G.

Section 8 Companies

Companies formed under Section 8 of the Companies Act 2013 for promoting charitable activities are eligible.

Religious Organizations

Groups focusing on religious and charitable activities can benefit from these registrations.

Educational Institutions

Non-profit schools, colleges, and educational foundations are eligible for 12A and 80G registration.

Medical Institutions

Non-profit hospitals and medical research organisations can also apply for these registrations.

12A Registration Eligibility Criteria

This section pertains to registering charitable or religious NGOs, enabling them to enjoy tax exemptions on income derived from donations.

  • Nature of the Organization: Applicable to trusts, societies, or Section 8 companies established solely for charitable or religious purposes as defined under Section 2(15) of the Income Tax Act.
  • Charitable Activities: The organization must actively engage in philanthropic objectives without profit motives benefiting specific individuals or groups.
  • Registration Proof: Must be duly registered as a trust, society, or Section 8 company under relevant laws, with proof required during the application process.
  • Income Utilization: All income and assets must be used exclusively for charitable or religious purposes, without direct or indirect benefits to members or specific individuals.
  • Financial Documentation: Proper bookkeeping and documentation must reflect accurate financial operations.
  • Tax Compliance: Annual tax returns must be filed on time, even with exempt status, to maintain this exemption.
  • Political Neutrality: The organisation should not participate in or support political activities, as this can result in the revocation of the 12A status.

Benefits of 12A and 80G Registrations

1

Tax Exemptions for Donors

NGOs with 80G certification can offer their donors the advantage of tax deductions on their contributions. This makes donating more attractive and can lead to increased support.

2

Enhanced Credibility and Trust

Being registered under Section 12A and 80G lends an official stamp of approval from the Income Tax Department, enhancing an NGO's credibility. This trust factor is crucial for donors and partners who seek transparency in operations.

3

Increased Fundraising Potential

The tax benefits associated with these registrations encourage both individuals and corporate entities to donate more generously. This broadens the potential fundraising base, allowing NGOs to expand their activities and reach.

4

Access to Government Grants

Many government programs and initiatives require NGOs to have 12A and 80G registrations to qualify for funding. This opens up numerous opportunities for grants that are critical for project financing and operations.

5

Long-Term Sustainability

The ability to offer tax benefits to donors not only boosts immediate donations but also helps in building long-term partnerships, ensuring sustainable funding sources. This stability allows NGOs to plan and execute impactful, long-term projects.

6

Efficient Utilization of Resources

With 12A registration, NGOs must maintain meticulous records and use their funds strictly for charitable purposes. This ensures that resources are used effectively and for the intended goals of the organisation.

Validity of 12A and 80G Registration

Organizations granted Sections 12A and 80G registration initially receive provisional registration, which is valid for a period of three years.

To extend this status, renewal applications must be submitted six months before the expiration date or within six months from the start of operations, whichever comes first.

Post Renewal Validity Period

  • After renewal, the registrations remain valid for a period of five years.
  • This renewal process ensures that organizations continue to enjoy tax exemptions and donor benefits.

Renewal Cycle

  • The registration must be renewed every five years to maintain compliance and eligibility for tax benefits.
  • Timely renewal safeguards the benefits associated with these registrations.

Documents Required for 12A and 80G Registration

Trust Deed/Society Registration Certificate/Section 8 Company Certificate

MOA and AOA (for Section 8 Companies)

PAN Card of the Organization

Bank Account Statement

Audited Accounts for Last Three Years

List of Trustees/Members/Directors

List of Activities Carried Out by the Organization

Procedure for Obtaining 12A and 80G Registration

The process for obtaining 12A and 80G registrations for NGOs involves several key steps. Below is the detailed procedure to apply online for these registrations.

1

Step 1: NGO Formation and Registration

Choose the appropriate legal structure for your NGO—trust, society, or Section 8 company—and register with the relevant authority, such as the Registrar of Societies or Companies.

2

Step 2: Document Preparation

Gather the necessary documents such as your organization's registration certificate, MOA/Bye Laws/Trust Deed, audited financial statements, FCRA Registration, and NGO Darpan ID.

3

Step 3: Application Preparation

Fill out Form 10A, the official form for 12A & 80G registrations, ensuring that all details about your organization's objectives, activities, and board members are accurately provided.

4

Step 4: Application Submission

Submit Form 10A and the required documents either at the Office of the Income Tax Commissioner or through the Income Tax Website. Retain copies of all documents for future reference.

5

Step 5: Review and Inspection

The tax authority will review your application and may conduct an inspection of your NGO’s activities and financial records to ensure compliance with the registration requirements.

6

Step 6: Registration Confirmation

Once your application meets the necessary requirements, your NGO will be granted registration under Sections 12A/80G. If discrepancies are found, the application may be rejected, and you will be given an opportunity to address them.

7

Step 7: 12A & 80G Registration Certificate

After successful registration, you will receive an official 12A & 80G Registration certificate, confirming your NGO’s eligibility for tax exemptions under these sections.

WhatsApp
Startup
Registrations
MCA Services
Recovery of shares
Trademark
Goods & Services Tax
Income Tax
Compliances