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How to Claim Tax Exemption for NGO Under 80G & 12A?

How to claim tax exemption for NGO

In India, NGOs (Non-Profit Organizations) can be registered as a Trust, Society, or Section 8 Company under the Companies Act, 2013. These organizations work for social causes like education, healthcare, skill development, women empowerment, and more.

To reduce tax burdens and attract more donations, NGOs can apply for 12A registration under the Income Tax Act of 1961. This registration allows NGOs to claim a tax exemption on their income, ensuring that more funds go toward their charitable activities.

Earlier, 12A registration was valid for a lifetime, but after 2021, the validity has been reduced to 5 years. NGOs now need to renew it after every five years to continue enjoying tax benefits.

If you run an NGO, securing 12A registration is crucial to maximize funds and sustain your impact on society.

What is an NGO?

An NGO (Non-Governmental Organization) is a non-profit entity that works for social welfare rather than making profits. These organizations focus on areas like education, women empowerment, healthcare, science and technology, arts, religious practices, food distribution, and rehabilitation.

Who Can Start an NGO?

An NGO can be founded by individuals, groups, volunteers, activists, or social workers who want to bring a positive change in society. In India, NGOs can also be registered as charitable trusts under the Indian Trusts Act of 1882.

Types of NGOs in India

NGOs in India operate under different legal structures, including:

  1. Society Registration (Societies Registration Act, 1860)
  2. Trust Registration (Indian Trusts Act, 1882)
  3. Section 8 Companies Registration (Companies Act, 2013)

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Tax Benefits for NGOs

One major advantage of registering an NGO is the tax benefits they receive. NGOs enjoy tax exemptions on donations, investments, and contributions, making them attractive for corporations looking to optimize tax planning.

By registering as a non-profit, NGOs can access government incentives, donor funding, and legal recognition, helping them create a larger impact in society.

How to Register an NGO in India: A Step-by-Step Guide

If you want to register an NGO in India, the first step is to decide on the right legal structure for your organization. NGOs can be registered as:

  1. Society (Societies Registration Act, 1860)
  2. Trust (Indian Trusts Act, 1882)
  3. Section 8 Company (Companies Act, 2013)
  4. Cooperative Society

Steps to Register an NGO

Choose the Right Structure – Pick the type of NGO based on your mission and long-term goals.

Select a Name – Ensure the name is unique and not already in use.

Prepare Charter Documents – These include:

  1. Trust Deed (for Trusts)
  2. Memorandum of Association (MOA) & Articles of Association (AOA) (for Societies & Section 8 Companies)
  3. Identify Key Members – Define the roles of trustees, beneficiaries, or board members.
  4. Register with Authorities – Submit documents to the local Registrar or Registrar of Companies (ROC).
  5. Pay Registration Fees – Fees vary based on the structure and location of the NGO.
  6. Verification & Approval – Authorities review and approve the application, issuing a Certificate of Incorporation upon approval.

Once registered, your NGO can officially operate, accept donations, and apply for tax exemptions.

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How to Get Income Tax Exemption for an NGO

To get income tax exemption, NGOs must register under Section 12A of the Income Tax Act, 1961. This allows NGOs to operate tax-free, provided they are engaged in charitable activities and not generating profits.

Eligibility for Tax Exemption

  1. The NGO must be registered under Section 12A.
  2. It should not be involved in profit-making activities.
  3. Private or family-run trusts are not eligible for tax exemption.

Additionally, Section 80G of the Income Tax Act allows donors to claim tax deductions on contributions made to registered NGOs.

Types of Charitable Organizations in India

Charitable organizations in India are categorized based on their legal structure, purpose, and regulations. The three main types are:

  1. Section 8 Companies

A Section 8 Company is registered under the Companies Act, 2013 and is set up for non-profit activities such as:

  1. Social welfare
  2. Education
  3. Healthcare
  4. Sports & arts
  5. Environmental protection

Why Choose a Section 8 Company?

  1. More credibility – Recognized by the government, making it easier to gain public trust.
  2. Easier funding – Can attract investors, donors, and corporate funding.
  3. Tax benefits – Eligible for income tax exemptions under Sections 12A & 80G.

👉 Requirement: A minimum of two directors is needed to register a Section 8 Company.

  1. Cooperative Societies

A Cooperative Society is registered under the Societies Registration Act, 1860, and is formed by a group of individuals working together for a common social cause. These organizations focus on:

  1. Community development
  2. Skill training & education
  3. Promotion of arts & culture
  4. Religious and environmental causes

Why Choose a Cooperative Society?

  1. Encourages collective decision-making & transparency.
  2. Best for local community-driven initiatives.
  3. Can apply for government grants & subsidies.

Choosing the right type of NGO depends on your organization’s goals, funding sources, and legal preferences.

What is a Trust?

A Trust is a non-profit organization created to support social welfare activities like education, healthcare, and community development. Trusts in India are governed by the Indian Trusts Act, of 1882 and can be categorized as:

  1. Public Trusts – Formed for charitable purposes, such as running schools, colleges, or hospitals.
  2. Private Trusts – Created for private beneficiaries and are not eligible for tax exemptions under NGO laws.

A Trustor (founder) donates assets or funds to the Trust, which is then managed by a Trustee for the benefit of the community.

Documents Required for 12A Registration (Tax Exemption for NGOs)

To get tax exemption under Section 12A of the Income Tax Act, 1961, an NGO must submit the following documents to the Commissioner of Income Tax (CIT):

Trust Registration Documents:

  1. Certified copies of the Trust Deed, Memorandum of Association (MOA), and Articles of Association (AOA).
  2. Certificate of Incorporation (if applicable).

Identity & Compliance Documents:

  1. GSTIN, CIN, and DIN of the Trust, Society, or Company.
  2. Form 10A for 12A Registration and Form 10G for 80G Registration.

Financial Records:

  1. Bank statements & financial statements for the past three years.
  2. List of donors, investors, and contributors.

Proof of Address & Operations:

  1. Registered address proof & ownership documents.
  2. Details of past charitable activities conducted by the organization.

Why is 12A Registration Important?

  1. Tax exemption on NGO income.
  2. Builds credibility and makes it easier to attract donors.
  3. Required for government grants & CSR funding.

What is Form 10A?
Form 10A is the official application required for NGOs, Trusts, and Societies to apply for tax exemption under Section 12A and 80G of the Income Tax Act, 1961. This form provides important details about the organization, its founders, activities, assets, and financials.

To successfully file Form 10A, the following documents must be submitted:

  1. Certificate of Incorporation (for a company, trust, or society)
  2. Trust Deed, MOA, AOA, CIN, DIN
  3. PAN & Aadhaar cards of directors and trustees
  4. Digital Signature Certificate (DSC) of the trustee or director
  5. PAN & GSTIN details of the organization
  6. Previous registration certificates (if applicable) under 12A, 12AA, or 80G
  7. Financial records (balance sheets, income-expenditure statements) for the past three years

Why Should NGOs Apply for 12A Registration?

12A registration provides multiple tax benefits to NGOs and charitable organizations. Here’s why it’s essential:

  1. 100% Tax-Free Income – NGOs can receive funds for charitable or religious activities without paying income tax.
  2. Eligible for Donations – NGOs can legally receive contributions from Indian & foreign donors under FCRA rules.
  3. Government Grants & CSR Funds – Recognized NGOs with 12A registration are eligible for various government schemes & corporate donations.
  4. Credibility & Trust – Registered NGOs gain credibility, making it easier to attract donors and supporters.

Step-by-Step Process for 12A Registration

  1. Fill out Form 10A and submit it along with the required documents to the Principal Commissioner of Income Tax (CIT).
  2. Application Review – The CIT will verify the details and assess the organization’s purpose.
  3. Approval or Rectification – If everything is in order, the CIT grants 12A registration. If not, they may ask for corrections or reject the application.
  4. Tax-Exempt Status – Once approved, the NGO gets tax exemption benefits under Sections 12A & 80G.
  5. Validity & Renewal –
    – Provisional Registration – Valid for 3 years.
    – Permanent Registration – Valid for 5 years, after which renewal is required six months before expiry.

Want to claim tax exemption for your NGO? Apply for 12A registration today and maximize your impact!

12A registration allows NGOs, trusts, and charitable societies to claim tax exemption on donations and income. This helps organizations save on taxes while ensuring compliance with government regulations. If you run a non-profit organization and want to maximize tax benefits, 12A registration is a must!

  1. No Income Tax on NGO Revenue
  2. Eligible for Government Grants & CSR Funding
  3. Attract More Donations with Tax Deduction Benefits

Why Choose E Accountax Manager for NGO Registration & Tax Exemption?

At E Accountax Manager, we simplify NGO registration and tax exemption processes, helping you stay compliant while focusing on your mission. Our expert team ensures hassle-free paperwork, approvals, and compliance, so you can concentrate on making an impact.

Book your appointment at E Accountax Manager today and take the first step towards hassle-free NGO registration and tax benefits!

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CA Jitendra Agarwal

CA Jitendra Agarwal

CA Jitendra Agarwal, a Chartered Accountant, is an experienced Income Tax Advisor with a proven track record in tax planning and compliance.

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