The rules for 80G & 12A Registration in India
25-08-2025
1. What is 12A Registration?
- Purpose: To get recognition as a charitable or religious trust/institution under the Income Tax Act.
- Benefit: Exemption from paying income tax on the surplus income of the trust/NGO.
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Eligibility for 12A Registration
- Any trust, society, or Section 8 company with charitable or religious objectives.
- Should not be for the benefit of a particular religious community or caste (except SC/ST, women, backward classes, etc., where allowed).
- Activities must genuinely be charitable (education, medical relief, poverty relief, etc.).
๐ Documents Required
- Trust Deed / MOA & AOA / Society Bye-laws.
- Registration certificate of the entity.
- PAN card of the NGO.
- Details of trustees/office bearers.
- Financial statements (past 3 years, if applicable).
- List of activities carried out.
๐ Application Process
- Application in Form 10A (online on Income Tax portal).
- Submitted to Principal Commissioner/Commissioner of Income Tax (Exemptions).
- Department may ask for clarifications.
- If satisfied, issues 12A Registration Certificate.
๐ 2. What is 80G Registration?
- Purpose: To enable donors to claim income tax deduction on donations made to the NGO.
- Benefit: Attracts more donations since donors get tax benefits.
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Eligibility for 80G Registration
- NGO must first have 12A registration.
- Must not be engaged in religious or business activities.
- Proper books of accounts must be maintained.
- Donations received must be used only for charitable purposes.
- Not applicable for NGOs working for the benefit of a specific religious community or caste.
๐ Documents Required
- 12A Registration certificate.
- Trust Deed / MOA / Society bye-laws.
- PAN card of NGO.
- Financial statements (last 3 years, if applicable).
- Details of welfare activities undertaken.
๐ Application Process
- Application in Form 10A (for fresh application) or Form 10AB (for renewal/ modification).
- Submitted online via Income Tax portal.
- Commissioner (Exemptions) may inspect books of accounts and activities.
- Once approved, an 80G Certificate is issued.
๐ 3. Validity Rules (Post 2021 Changes)
- Earlier: Lifetime validity.
- Now (after Finance Act, 2020):
- Fresh registration: Provisional registration valid for 3 years.
- Renewal: Application must be made within 6 months before expiry or within 6 months of commencement of activities.
- Regular registration after provisional approval: Valid for 5 years, subject to renewal.
๐ 4. Benefits
- 12A โ NGO income exempt from tax.
- 80G โ Donors get deduction (50% or 100% of donation, depending on NGO type).