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12A Registration

12A Registration is a process under the Income Tax Act, 1961, for non-profit organizations (NGOs, charitable trusts, societies) to obtain tax exemption. This registration allows organizations to receive income without paying tax on it, making it essential for charitable entities operating in India.

Significance of 12A Registration

  • Tax Exemption: 12A-registered organizations are exempt from income tax on donations and other income sources, allowing them to utilize funds fully for their charitable purposes.
  • Donor Benefits: Donors contributing to 12A-registered organizations can claim tax deductions under Section 80G of the Income Tax Act, encouraging more donations.
  • Increased Credibility: 12A registration provides legitimacy and credibility to organizations, making them more attractive to donors, grant agencies, and government bodies.
  • Access to Government Grants: Many government funding programs require 12A registration as a prerequisite, enabling organizations to access various financial support schemes.

Eligibility Criteria for 12A Registration

To be eligible for 12A Registration, an entity must:

  • Must be a non-profit organization in India (NGO, charitable trust, society, or Section 8 company).
  • Operate for a charitable, religious, or educational purpose as defined under Section 2(15) of the Income Tax Act.
  • Use income and donations solely for stated objectives and not for personal benefit of members or trustees.
  • Not distribute profits or surplus to members or individuals, ensuring all funds are utilized for charitable purposes.

12A Registration Process

Application Submission (Form 10A)

File Form 10A through the income tax e-filing portal with the following documents:

  • Founding documents (trust deed, MOA, AOA)
  • PAN card of the organization
  • NOC from landlord if premises are rented
  • Financial records and statements

Verification and Examination

The Income Tax Department reviews the application, examines documents, and may conduct field verification to ensure compliance with charitable objectives.

Issuance of 12A Certificate

Upon successful verification, a 12A Registration Certificate is issued, typically valid indefinitely but requires renewal if issued under provisional registration.

Renewal

NGOs need to renew 12A Registration every five years to maintain tax exemption benefits and ensure continued compliance.

Tax Savings with 12A Registration

100% Exemption

12A-registered organizations are exempt from income tax on donations and other income, allowing them to utilize 100% of funds for charitable purposes.

Example Calculation

Scenario: An NGO receives a donation of ₹10 lakhs

  • Without 12A: Tax liability of ₹1.5 lakhs (15% tax rate)
  • With 12A: ₹0 tax liability
  • Savings: ₹1.5 lakhs available for charitable activities

Variation by Entity Type

Tax benefits remain consistent across entity types (trusts, societies, Section 8 companies), but specific rules and compliance requirements may apply based on the organizational structure.

Documents Required for 12A Registration

  • PAN card of the NGO or organization
  • Copy of the trust deed (for trusts) or MOA and AOA (for societies and Section 8 companies)
  • Details of activities conducted by the organization
  • Audited financial statements for the last three years (if applicable)
  • NOC from the landlord, if premises are rented
FAQ

Frequently Asked Questions

Find answers to common questions about 12A registration, eligibility, documents, process, benefits, setup, compliance, costs, and timelines.

What is 12A Registration?

12A Registration is a tax exemption certificate that allows NGOs and charitable entities to receive income without paying tax on it, enabling them to utilize funds fully for charitable purposes.

Who is eligible for 12A Registration?

Non-profit organizations including NGOs, charitable trusts, societies, and Section 8 companies operating for charitable, religious, or educational purposes are eligible for 12A registration.

Can any business entity apply for 12A?

No, only non-profit organizations with charitable objectives can apply for 12A registration. Regular business entities are not eligible for this tax exemption.

How long does it take to get 12A registration?

The processing time typically ranges from 3-6 months, depending on the completeness of documents and the complexity of the organization's activities.

Is the 12A certificate permanent?

12A registration is generally valid indefinitely, but organizations may need to renew it every five years if issued under provisional registration.

What are the tax benefits of 12A Registration?

12A registration provides 100% tax exemption on income and donations, allowing organizations to utilize all funds for charitable purposes without tax liability.

Does 12A Registration benefit donors?

Yes, donors contributing to 12A-registered organizations can claim tax deductions under Section 80G of the Income Tax Act, encouraging more charitable giving.

Can 12A registration be transferred to another entity?

No, 12A registration is specific to each organization and cannot be transferred. Each entity must apply for its own registration.

What happens if an organization's 12A registration is revoked?

If 12A registration is revoked, the organization loses tax exemption benefits and becomes liable to pay income tax on all income received.

Do all states follow the same rules for 12A registration?

Yes, 12A registration is governed by the Income Tax Act, which applies uniformly across all states in India.

Can a registered company apply for 12A?

Only Section 8 companies (non-profit companies) can apply for 12A registration. Regular private/public limited companies are not eligible.

Is 12A registration mandatory for government funding?

Yes, most government funding programs require 12A registration as a prerequisite for eligibility to receive grants and financial support.

Does 12A cover foreign donations?

12A registration covers domestic donations. For foreign donations, organizations need separate FCRA (Foreign Contribution Regulation Act) registration.

Can 12A registration be backdated?

Yes, 12A registration can be backdated to the date of establishment of the organization, subject to certain conditions and documentation.

What is the penalty for operating without 12A registration?

Organizations without 12A registration are liable to pay income tax on all income received, which can significantly impact their ability to carry out charitable activities.

Can 12A registration be canceled?

Yes, the Income Tax Department can cancel 12A registration if the organization violates its charitable objectives or fails to comply with regulations.

Does 12A registration affect GST?

12A registration provides income tax exemption but does not automatically exempt organizations from GST. GST registration depends on turnover and business activities.

Can a 12A-registered organization receive donations from private companies?

Yes, 12A-registered organizations can receive donations from private companies, and such donations are eligible for corporate social responsibility (CSR) benefits.

What's the difference between 12A and 80G registration?

12A registration provides tax exemption to the organization, while 80G registration allows donors to claim tax deductions on their donations to the organization.

Is there a filing requirement after obtaining 12A registration?

Yes, 12A-registered organizations must file annual income tax returns (ITR-7) and maintain proper books of accounts as per Income Tax Act requirements.

12A Registration is a critical step for non-profit organizations seeking tax exemption and credibility. Asktrix can assist you with the complete registration process, ensuring compliance with all requirements and maximizing your organization's potential for growth and impact.

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