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16 Nov 2023   483

12A Registration Process for NGO

12A Registration Process for NGO

12A registration is a one-time registration granted by the Income Tax Department to charitable trusts and non-profit organizations in India. This registration exempts the NGO from paying income tax on its surplus income derived from charitable activities. Read Mor...

Eligibility Criteria Of 12A registration

To be eligible for 12A registration, an NGO must meet the following criteria:

  • It must be a registered society, trust, or company under the applicable Indian laws.
  • Its primary objective must be charitable in nature, aiming to promote education, religion, social welfare, or other recognized charitable causes.
  • Its activities should primarily focus on India, though some international activities may be allowed.
  • It must be non-profit and should not distribute its profits to its members or founders.

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Registration Process of 12A Registration

The registration process for 12A registration involves the following steps:

  1. Gather Required Documents: Collect the following documents:
    • Trust deed (for trusts)
    • Memorandum of Association and Articles of Association (for societies)
    • Registration certificate
    • PAN card
    • Audited accounts for the past three years
  2. Create an e-filing Account: Register and create an account on the Income Tax Department's e-filing portal.
  3. Complete Application Form 10A: Fill out Form 10A, which is the application form for registration under Section 12A of the Income Tax Act. Provide accurate and complete information about the NGO, its objectives, activities, and financial status.
  4. Submit Form Electronically: Electronically submit the completed Form 10A along with the required documents through the Income Tax Department's e-filing portal.
  5. Await Processing and Review: The Income Tax Department will review the application and supporting documents to verify the NGO's eligibility and compliance with the criteria for 12A registration. This process may take several weeks or months.

Upon successful verification, the Income Tax Department will issue a 12A Registration Certificate to the NGO.

Document Requirement for 12A Registration of Section-8 Company:

The following documents are generally required for 12A registration of a Section-8 Company in India:

  • A copy of the Section-8 Company’s memorandum of association and articles of association, along with any amendments.
  • A copy of the Section-8 Company’s registration certificate.
  • A copy of the Section-8 Company’s PAN card.
  • A copy of the Aadhaar card and photograph of each member of the board of directors.
  • Details of the board of directors, including their names, addresses, and occupations.
  • Copy of the property documents if the Section-8 Company owns any immovable property.
  • Bank statements and financial statements of the Section-8 Company for the last three years.
  • Details of the sources of the Section-8 Company’s income and the utilization of funds.
  • An affidavit from the board of directors stating that the Section-8 Company’s income will be used for charitable purposes only and that the Section-8 Company will comply with the regulations and laws governing Section-8 Companies and charitable trusts.
  • Any other documents that the Income Tax Department may require for 12A registration.

Top 10 advantages of 12A Registration for NGO and non-profit organizations in India:

 

  • Tax exemption: Charitable trusts and non-profit organizations registered under section 12A of the Income Tax Act are exempt from paying income tax on their income and donations received.

  • Eligibility for government funding: Many government schemes and programs provide funding and support only to registered charitable trusts and non-profit organizations.
  • Increased credibility: 12A registration provides increased credibility and legitimacy to your organization, as it is a recognized form of legal entity in India.
  • Tax benefits for donors: Donors who contribute to a registered charitable trust or non-profit organization can claim tax deductions under section 80G of the Income Tax Act.
  • Increased donations: Tax exemption and tax benefits for donors can lead to increased donations to your organization.
  • Better financial management: Charitable trusts and non-profit organizations are required to maintain proper accounts and records under 12A registration, which can lead to better financial management practices.
  • Ability to receive foreign donations: Charitable trusts and non-profit organizations registered under 12A can receive foreign donations under the Foreign Contribution Regulation Act (FCRA).
  • Eligibility for corporate social responsibility (CSR) funding: Many companies in India are required to spend a portion of their profits on CSR activities, and often prefer to donate to registered charitable trusts and non-profit organizations.
  • Increased opportunities for collaborations: Registered charitable trusts and non-profit organizations have increased opportunities for collaborations with other organizations, including government agencies, NGOs, and private sector companies.
  • Ability to participate in government tenders: Registered charitable trusts and non-profit organizations are often eligible to participate in government tenders for goods and services.

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