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Trust, Society and Section 8 Company (Non-profit organizations) can seek registration under Section 12A to claim exemption under provisions of the Income Tax Act, 1961. Certain conditions need to be satisfied for the same.
Application for registration of a Trust, Society and Section 8 Company is made under Section 12AA of the Income Tax Act, 1961, and all prescribed procedures have to be complied with due diligence.
Registration under Section 12A recognizes the institution or trust as having been incorporated or established for a charitable purpose. The registered institutions are thereafter exempted from paying income tax, subject to compliance requirements as per law.
The trust or charitable institutions have to obtain a 12A certification to avail tax benefits, regardless of whether they are constituted as a society, trust, or not-for-profit company.
Trusts register under Section 80G to enable donors to avail tax benefits on their contributions. This incentivizes donors to make contributions to charitable institutions.
The 80G certificate (Registration Number) is issued by the Income Tax Department if all prescribed conditions are satisfied, allowing donors to claim deductions in their Income Tax Return.
The CBDT has introduced new provisions under Section 12AB for "Procedure for fresh registration" under Section 12A / 80G, applicable to both new and existing trusts or charitable institutions.
| Purpose of Application | Due Date to Apply |
|---|---|
| Revalidation of registration / approval for existing organizations registered under Section 12A / 12AA / 10(23C) / 80G | Extended to 31st March 2022 vide Circular No. 16 of 2021 dated 29.08.2021 |
| Application for provisional or new registrations / approval under Section 12AB / 10(23C) / 80G | One month before the commencement of the previous year from which the approval is sought |
| Purpose of Application | Due Date to Apply |
|---|---|
| Conversion of provisional registration into regular registration | Before 6 months of expiry or 6 months from commencement of activities, whichever is earlier |
| Registered under Section 12AB and the period of registration is due to expire | Before 6 months of expiry |
| Re-registration for modification of objects for entities registered u/s 12 | Within 30 days from such modification |
In order to be eligible to claim exemption, a charitable or religious trust, including an NGO, should apply online to the Principal Commissioner or Commissioner of Income Tax in Form 10A / Form 10AB.
The following documents are required for Revalidation / Provisional Registration / Conversion / Renewal / Re-registration:
The PCIT / CIT is entitled to demand further documents from the applicant to satisfy the genuineness of activities and compliance with other applicable laws.
After 1 April 2021, upon filing the application in Form 10A, an order granting the registration / Provisional Registration is passed by the PCIT or CIT within three months in writing in Form No. 10AC, along with a 16-digit Unique Registration Number (URN) issued to the applicant.
The PCIT / CIT may reject the application after giving an opportunity of being heard or may demand further documents. The rejection order is passed in Form No. 10AC (for revalidation) or Form 10AD (in other cases).
The registration under Section 12A and / or 80G is valid for a period of five years, after which it needs to be revalidated / renewed again.