80G AND 12A REGISTRATION
| Basic | Advance |
|---|---|
| ✔ Provisional 80G & 12A Certificate | ✔ Provisional 80G & 12A Certificate |
| ✔ Final 80G & 12A Certificate | |
| ✔ Notice Reply Filing | |
| ✔ Professional Consultancy |
80G and 12A Registration in India
Comprehensive Guide to 80G and 12A Registration in India
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Introduction to 80G and 12A Registration in India
Navigating the various regulatory requirements for non-profit organizations in India can be daunting. Two crucial registrations that every non-profit should consider are the 80G and 12A registrations. These not only provide tax benefits but also enhance credibility and trust among donors and stakeholders.
What are 80G and 12A Registrations?
80G Registration
80G registration allows donors to your non-profit organization to claim tax deductions on their donations. This makes it easier to attract donations as donors are incentivized by the tax benefits they receive.
12A Registration
12A registration exempts your non-profit organization from paying income tax, thus allowing you to utilize the funds for your charitable activities more effectively.
Essential Licenses and Registrations for 80G and 12A in India
Before applying for 80G and 12A registrations, ensure your organization has:
- A valid PAN (Permanent Account Number)
- Trust Deed or Memorandum of Association (MoA)
- NITI Aayog registration (for NGOs)
- Bank account in the name of the organization
Advantages of 80G and 12A Registrations
80G Registration
- Tax Benefits for Donors: Encourages more donations.
- Increased Donations: Easier to attract funds for your projects.
- Credibility: Enhances your organization’s credibility.
12A Registration
- Income Tax Exemption: Funds are fully utilized for charitable purposes.
- Increased Trust: Builds trust among stakeholders.
- Eligibility for Grants: Many funding agencies prefer 12A registered organizations.
Disadvantages of 80G and 12A Registrations
- Compliance Burden: Regular updates and compliance with the Income Tax Act are essential.
- Documentation: Extensive documentation and paperwork are required.
- Scrutiny: The organization may be subject to scrutiny by tax authorities.
Registering for 80G and 12A Online in India
Thanks to digital advancements, you can now register for 80G and 12A online. This involves filling out the requisite forms and submitting the necessary documents through the Income Tax Department’s e-filing portal.
Importance of Registering for 80G and 12A
Registering for 80G and 12A is crucial for any non-profit organization looking to thrive. It not only provides tax benefits but also increases the organization’s credibility and makes it easier to attract donations and grants.
Procedure for 80G and 12A Registration in India
Step-by-Step Process
- Prepare Your Documents:
- PAN Card
- Trust Deed/MoA
- NITI Aayog Registration
- Bank Account Details
- Fill Application Form:
- Form 10A for 12A registration
- Form 10G for 80G registration
- Submit Application:
- Submit the forms online via the Income Tax Department’s e-filing portal.
- Verification and Approval:
- The Income Tax Department will review your application and may ask for additional information or documents.
- Once approved, you will receive your 80G and 12A certificates.
Application for Registration of 80G and 12A
To apply for 80G and 12A registrations, you can use Forms 10A and 10G respectively. Detailed step-by-step instructions are available on the Income Tax Department’s e-filing portal.
Compliance and Maintenance of 80G and 12A
Once registered, maintaining compliance is crucial. Regularly update your financial records, submit annual returns, and comply with any notifications or guidelines issued by the Income Tax Department.
Key Steps to Remember for 80G and 12A Registration in India
- Ensure all documentation is readily available and up-to-date.
- Keep track of deadlines for application submissions and renewals.
- Maintain accurate and transparent financial records.
Eligibility Criteria for 80G and 12A Registration in India
Basic Eligibility
- The organization must be registered as a public charitable trust, society, or Section 8 company.
- The organization’s activities should be charitable and not profit-oriented.
- The organization should not have substantial commercial activities.
Get Started with Bharat Filing Point
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How to Obtain 80G and 12A Registrations in India
Obtaining 80G and 12A registrations is crucial for charitable organizations in India. These registrations not only provide tax benefits but also enhance credibility and transparency, encouraging more contributions from donors. Here’s a comprehensive guide to help your organization through the application process.
Purpose of 80G and 12A Registrations
80G Registration
- Tax Exemptions: Avail tax exemptions on donations received, making it more attractive for donors to contribute.
- Credibility and Transparency: Assures donors that their contributions are being used for charitable purposes.
12A Registration
- Tax Exemption for Organization: Ensures the organization itself is exempt from paying taxes on its income, allowing more resources to be directed towards charitable activities.
Organization Details
To apply for 80G and 12A registrations, you will need to provide comprehensive details about your organization. Here’s a checklist to get you started:
- Full Legal Name: The official name of your organization.
- Registered Address and Contact Information: Ensure that these details are up-to-date.
- Date of Establishment and Registration Details: Include information under the relevant laws.
- Charitable Objectives and Activities: A brief description demonstrating alignment with the purposes of 80G and 12A.
- Past or Ongoing Projects: Details of projects that align with the purposes for which the registrations are sought.
- Financial Stability: Financial statements and audit reports for the last three years.
- Governing Body: List of board members, trustees, or directors with contact details and professional backgrounds.
- Supporting Documents: Any additional information showcasing commitment to transparency and compliance with laws.
Application Process
Step 1: Obtain and Complete Forms
- Forms Required: Form 10G for 80G and Form 10 for 12A.
- Source: Available on the official website of the Income Tax Department of India.
Step 2: Submit Application with Supporting Documents
- Documents Required:
- Memorandum of Association (MOA) and Articles of Association (AOA).
- Copies of the organization’s PAN card, registration certificate, and PAN card and address proof of the authorized signatory.
- Details of charitable objectives and activities.
- Financial statements, audit reports, and balance sheets for the last three years, certified by a Chartered Accountant.
- List of donors and donations received, if applicable.
Step 3: Pay Application Fee
- Fee Structure: Varies based on the type and size of the organization.
Step 4: Application Review
- Reviewed By: Commissioner of Income Tax or an authorized committee.
- Additional Information: May be requested if necessary.
Step 5: Approval and Issuance of Registration Certificate
- Validity: The certificate is valid from the assessment year for which the application is made.
Step 6: Compliance
- Annual Filing and Reporting: Required to maintain the registration.
Step 7: Appeals
- Rejection or Revocation: Can be appealed within the specified period, following the procedures outlined in the Income Tax Act.
Conclusion
Obtaining 80G and 12A registrations can greatly benefit your charitable organization by providing tax exemptions and enhancing credibility. Follow this guide to ensure a smooth application process and secure these valuable registrations.
For more detailed assistance, feel free to consult with a legal or financial advisor specializing in non-profit organizations.
Documents Required Udyam Registration vs FSSAI vs APEDA vs 80G & 12A vs IEC vs DSC
| FEATURES | Udyam Registration | FSSAI | APEDA | 80G & 12A | IEC | DSC |
|---|---|---|---|---|---|---|
| DOCUMENTS | Aadhaar Card, PAN Card, Bank Account Details, Business Address Proof, Details of Major Business Activities, GSTIN. | Form A Photo ID Proof Address Proof, Food Safety Management Plan, Declaration Form, Authority Letter, Photo identity of promoters of the food business, Form B, Blueprint/layout plan of the processing unit. | APEDA Enrollment Application Form, Bank Certificate, Import-Export Code (IEC), Company’s Bank Statements, Self-Certified Copy of Import-Export Code, Self-Attested Copy of the Firm’s Incorporation, Details of Registered Office, Head Office, and Branch Office, Duly Signed and Sealed Copy of Application Form. | NGO/Trust PAN Card, Registration Certificate, Bye-Laws/Memorandum of Association (MoA), Trust Deed (for Trusts), Audit Reports, KYC Documents, List of Welfare Activities, Details of Board Members, Donor List, Books of Accounts & Income Tax Return Documents. | Proof of Registration, Address Proof, Proof of the Firm’s Bank Account, Digital Signature Certificate (DSC), PAN Card, Identity Proof, Proof of Constitution of Business, if any - Additional Documents. | Aadhaar (eKYC Service), Telephone Bill, Electricity Bill, Water Bill, Gas connection, Bank Statements signed by the bank, Service Tax/VAT Tax/Sales Tax registration certificate, Driving License (DL)/ Registration certificate (RC). |
| Time | 2-5 working days | 15-60 working days | 4-7 working days | 12-22 working days | 10-15 working days | 3-7 working days |
Documents Required for 80G and 12A Registration in India
The documents required for 80G and 12A registration in India include:
- For 80G Registration:
- Form 10G.
- Registration certificate and Memorandum of Association in case of Section 8 companies and Societies.
- Trust Deed in case of a Trust.
- No objection certificate from the owner of the property where the registered office of the Institution is located.
- PAN card copy of the NGO.
- Copy of Utility Bills – Electricity bills, water bills, or House Tax Receipt.
- Donor list along with their complete address and PAN.
- Book of Accounts & Income Tax Return of the last three years.
- List of welfare activities being carried out & the progress report for the last three years.
- Detailed list of the board of trustees.
- For 12A Registration:
- Self-certified copy of Trust Deed or Instrument, where the trust is created under an instrument.
- Self-certified copy of the document evidencing the creation of the trust, where the trust is created otherwise than under an instrument.
- Self-certified copy of registration with Registrar of Companies (RoC) or Registrar of Firms and Societies.
- Self-certified copy of the documents evidencing adoption or modification of the objects, if any.
- Self-certified copies of the annual accounts of the trust relating to prior years.
- Note on the activities of the trust or institution.
- Self-certified copy of the existing order granting registration under section 12A or section 12AA, if any.
- Self-certified copy of the order of rejection of an application for grant of registration under section 12A or section 12AA, if any.
These documents are essential for NGOs to obtain 80G and 12A registration under the Income Tax Act in India.
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80G and 12A Registration FAQ’s
What are 12A and 80G registrations?
- 12A Registration: It comes under Section 12A of the Income Tax Act and provides tax exemptions for the organizational income of NGOs. This registration is beneficial for tax exemptions, governmental grants, and FCRA registration.
- 80G Registration: It falls under Section 80G of the Income Tax Act. Donating to 80G registered NGOs grants the donor income tax deductions up to 50 percent of the donated amount, which attracts more donors to these organizations.
What is the difference between 12A and 80G registrations?
- 12A Registration provides tax exemption to non-profit organizations on their income.
- 80G Registration allows donors to claim tax deductions on their donations made to registered charitable organizations.
Who is eligible to apply for 12A and 80G registrations?
- Any non-profit organization, such as a charitable trust, society, or non-profit company, can apply for 12A and 80G registrations, provided they meet the criteria outlined by the Income Tax Department.
How can I apply for 12A and 80G registrations?
To apply for 12A and 80G registrations, an organization must submit an application along with the required documents to the Income Tax Department. The application can be filed online or physically, depending on the guidelines specified by the department.
How long does it take to obtain 12A and 80G registrations?
The processing time for 12A and 80G registrations can vary. It generally takes a few months for the Income Tax Department to review and process the applications.
Are the fees for 12A and 80G registrations one-time or recurring?
The fees for 12A and 80G registrations are usually one-time payments. Once the registrations are granted, there is no need to pay the fees again, unless there are specific changes or amendments to the registration details.
Can I claim tax benefits for donations made to an organization without 80G registration?
No, to claim tax deductions on donations, the organization must have 80G registration. Donations made to organizations without 80G registration are not eligible for tax benefits.
What is the validity period of the registration under section 12A and 80G of the Income Tax Act?
- 12A Registration: Lifetime validity.
- 80G Registration: 1 to 3 years validity.
What application forms are being used for applying for registration under section 12A and 80G of the Income Tax Act?
- 2A Registration: Form 10A.
- 80G Registration: Form 10G (For New Application and Renewal both).
These FAQs provide a general understanding of the 12A and 80G registrations, their differences, eligibility criteria, application process, fees, validity, and renewal requirements. For specific cases and updated regulations, it is advisable to consult a tax professional or refer to the official guidelines provided by the Income Tax Department.
