For any NGO, charitable trust, or non-profit organisation in India, obtaining 12A and 80G registrations from the Income Tax Department is essential. These registrations provide significant tax benefits — both to the organisation and to its donors. Since the Finance Act 2020 introduced a new provisional and final registration system, the process has been streamlined but requires careful compliance.
What is 12A Registration?
Section 12A of the Income Tax Act provides income tax exemption to charitable trusts and NGOs. Once registered under 12A, the income of the trust or institution is exempt from income tax, provided it is applied for charitable or religious purposes. Without 12A registration, the entire income of the NGO is taxable at the applicable rates.
What is 80G Registration?
Section 80G allows donors to claim a deduction on donations made to registered NGOs and charitable institutions. The deduction is either 50% or 100% of the donated amount, depending on the category of the institution. 80G registration makes your NGO more attractive to donors, as they receive a direct tax benefit on their contributions.
Benefits of 12A and 80G Registration
- 12A: Complete exemption from income tax on surplus income used for charitable purposes
- 80G: Donors can claim 50% or 100% deduction — encourages larger donations
- Eligibility to receive CSR funds from companies (CSR rules require 80G registration)
- Enhanced credibility and trust with donors, government bodies, and grant agencies
- Eligibility for government grants and foreign contributions (with FCRA registration)
- Ability to accumulate income up to 15% of total income for future use
New Registration Process (Post Finance Act 2020)
The Finance Act 2020 replaced the old permanent registration with a two-stage process:
- 1Provisional Registration: New NGOs apply for provisional registration (valid for 3 years) before commencing activities
- 2Final Registration: After 6 months of commencement of activities (or 6 months before expiry of provisional registration), apply for final registration (valid for 5 years, renewable)
- 3Existing registrations: NGOs with old 12A/80G registrations had to re-register under the new system
How to Apply: Step-by-Step Process
- 1Log in to the Income Tax e-filing portal (www.incometax.gov.in)
- 2Go to e-File → Income Tax Forms → File Income Tax Forms
- 3Select Form 10A (for provisional registration) or Form 10AB (for final/renewal registration)
- 4Fill in the details: name, PAN, address, objects of the trust, activities undertaken
- 5Upload required documents (see below)
- 6Submit the form — the Commissioner of Income Tax (Exemptions) will review and issue the registration certificate
Documents Required
- Trust deed / Memorandum of Association and Rules & Regulations
- PAN card of the trust/NGO
- Registration certificate (from Registrar of Societies / Charity Commissioner)
- List of trustees/directors with their PAN and Aadhaar
- Audited financial statements for the last 3 years (for final registration)
- Activity report detailing charitable activities undertaken
- Bank account details of the trust
- Details of any foreign contributions received
Compliance After Registration
- File ITR-7 annually before the due date
- Maintain proper books of accounts and get them audited if income exceeds ₹2.5 lakh
- File Form 10B (audit report) along with ITR-7
- Apply at least 85% of income for charitable purposes in the same year
- Renew 80G registration every 5 years using Form 10AB
- Issue Form 10BE (donation certificates) to donors for 80G deduction
Setting up an NGO or need to obtain/renew 12A and 80G registration? Bhowal Associates specialises in NGO registration and compliance — from trust formation to annual filings.