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Know More About 80G & 12A REGISTRATION
Introduction and Its Compliance
The Income Tax Act, 1961 offers special tax deductions and benefits to charitable and non-profit organisations with its 80G and 12A registrations. Section 12A provides exemption from income tax on the income of charitable institutions, whereas Section 80G permits donors to claim tax relief on donations to such institutions. Both the types of registration are necessary for NGOs (non-government organizations), trusts, societies and Section 8 companies to gain financial credibility, to secure donations and in order to gain tax exemptions. Lawfinity offers end to End services to obtain 80G and 12A registration and fully comply with tax laws and help the organizations leverage the full advantage of tax exemptions, donor support.
Why It Is Needed
80G and 12A registrations are crucial for every non-political organization to legitimately avail tax reliefs on its income and solicit tax-free donations. If there are no such registrations, the organization must pay tax on its revenues, and we should not expect donors to participate in the process because they are unable to derive the tax advantages. Lawfinity ensures your business receives approved and processed approvals smoothly, allowing for sustainable growth and compliance.
Benefits and Advantages
- Tax Exemption on Income (12A): Organizations with 12A registration are exempt from paying income tax on surplus income used for charitable purposes.
- Attract Donors (80G): 80G registration allows donors to avail tax deductions, making donations more attractive and encouraging higher contributions.
- Enhanced Credibility: Registration under 80G & 12A signals legitimacy and compliance, increasing trust among donors, corporate and government bodies.
- Eligibility for CSR Funds: Corporates prefer donating to 80G & 12A registered organizations for fulfilling their Corporate Social Responsibility (CSR) obligations.
- Sustainability and Growth: Tax benefits and increased donor confidence lead to better financial stability and the long-term sustainability of charitable activities.
Eligibility Criteria
Organizations eligible for 80G & 12A registration include:
- Trusts (registered under Indian Trust Act)
- Societies (registered under Societies Registration Act)
- Section 8 Companies (registered under Companies Act, 2013)
- Religious and charitable institutions engaged in recognized charitable purposes such as education, healthcare, relief of poverty, environmental protection etc.
The entity must:
- Operate on a not-for-profit basis.
- Apply income towards charitable objectives.
- Maintain proper books of accounts.
- Not distribute profits to its members.
Documents Required
For 12A Registration:
- KYC Documents of Directors/partners/owners (Email id, Mobile No. PAN, Aadhaar, Voter id, Bank Statement etc.)
- Email id and Mobile number of the entity
- Certificate of Incorporation/Registration
- MOA & AOA / Trust Deed / Society Bylaws
- PAN card of the organization
- Identity & Address proofs of trustees/directors
- Financial statements of the past 3 years (if applicable)
- List of trustees/members
- Activity reports of the organization
- Bank account details
For 80G Registration:
- All documents required for 12A registration
- Income tax returns of the organization (if filed)
- Details of welfare activities
- Donor list (if available)
- Note on charitable activities carried out
Steps for Getting Registration
- Eligibility Assessment: Lawfinity conducts a thorough eligibility check and advises on necessary compliance steps.
- Document Collection and Review: Gathering all required documents and ensuring they meet the Income Tax Department's standards.
- Application Preparation: Preparation of online applications for both 80G and 12A via the Income Tax portal.
- Online Filing & Submission: Filing of Form 10A for 12A and 80G applications.
- Follow-up and Clarifications: Lawfinity liaises with tax officials for any clarifications, additional submissions or queries raised.
- Approval and Certificate Issuance: Upon successful verification, certificates for both 12A and 80G are issued.
- Post-Registration Support: Lawfinity assists in managing future compliance, filing annual returns and renewals.
Penalties
- Rejection or cancellation of registration.
- Loss of income tax exemption benefits.
- Taxation of the organization's entire income.
- Interest and penalty for tax evasion.
- Legal scrutiny by the Income Tax Department.
Timelines
Document Preparation
5 to 7 working days
Application Filing
1 to 2 days after documents are ready
Processing by Income Tax Department
30 to 90 days (subject to officer review and queries)
Total estimated time
1 to 3 months
Timelines may vary depending on document verification and government approvals.
Fee
Frequently Asked Questions
Because every great business starts with the right answers.
Yes, newly formed NGOs can apply provided they meet the eligibility criteria and have a valid registration.
No, but it is highly recommended as it allows donors to claim tax deductions, increasing the likelihood of receiving donations.
Yes, for availing income tax exemption on the organization’s surplus income, 12A registration is mandatory.
Currently, both are valid for 5 years and require renewal thereafter as per the latest Income Tax rules.
Yes. In fact, both applications can be filed together via a single online application on the Income Tax portal.
The organization will lose tax exemption benefits and may have to pay taxes on its entire income, along with penalties.
The organization must operate solely for charitable purposes, file annual returns, maintain proper accounts and comply with reporting requirements.
Purely religious organizations are generally not eligible for 80G. However, religious-cum-charitable institutions may qualify depending on their activities.
Lawfinity offers complete guidance — from eligibility check, document preparation, application filing, follow-up with tax authorities, to post-registration compliance support.
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