12AA and 80G Registration

Non-profit organizations (NGOs) in India, including trusts, societies, and Section 8 companies, rely heavily on donations and grants to fulfill their charitable objectives. To encourage these contributions and to receive tax exemptions on their income, NGOs need to obtain registrations under Section 12A and Section 80G of the Income Tax Act, 1961. For any NGO in India, these two registrations are the bedrock of financial stability and fundraising success.
Section 12A of the Income Tax Act, 1961strong>
Section 12A registration grants income tax exemption to NGOs on their surplus income. Without this registration, any income generated by the NGO, including voluntary contributions (even from donations or grants), would be taxable as per standard rates. It essentially certifies that the organization's income is applied for charitable or religious purposes, and therefore, is exempt from tax.
Note: Since 2020, Section 12A has been replaced by Section 12AB. All NGOs must re-register under Section 12AB to continue enjoying their tax exemptions.
Section 80G of the Income Tax Act, 1961strong>
Section 80G registration, on the other hand, provides a tax benefit to the donors of the NGO. When an organization has an 80G certificate, individuals or entities donating to it can claim a deduction (either 50% or 100%, depending on the donee institution and type of donation) from their taxable income. This encourages more people to donate. However, this benefit has rules under Section 80G(1) of the Income Tax Act.
Differences Between 12A and 80G Registrationsstrong>

The key differences between 12A and 80G registration are outlined below:

 

Feature                                                   Section 12A Registration                                                Section 80G Registration

Primary Beneficiary                The NGO itself (income tax exemption)                                      The Donors (tax deduction on donations)

Purpose                                  To exempt the NGO's income from income tax                             To incentivize donations by offering tax benefits to donors

Dependency           80G registration can generally only be obtained after 12A registration. (now 12AB)       It can only be availed if the NGO has a 12A registration.

Nature                            Essential for the tax-exempt status of the organization's income             Optional, but highly beneficial for attracting funds and tax deductions

Checklist: Documents Required for 12A and 80G Registration
Having all necessary documents ready is crucial for a smooth application process.
Documents for All Applicantsstrong>
PAN Card of the NGO: A self-certified copy of the Permanent Account Number (PAN) card of the trust, society, or Section 8 company.

Certificate of Registration/Incorporation:
 
For Trusts: Self-certified copy of the Trust Deed.

For Societies: Self-certified copy of the Registration Certificate, Memorandum of Association (MoA), and Bye-laws.
For Section 8 Companies: Self-certified copy of the Certificate of Incorporation, Memorandum of Association (MoA), and Articles of Association (AoA).
Proof of Registered Office Address: Self-certified copies of utility bills (electricity bill, water bill), house tax receipt, or rent agreement if the office is rented, along with a No Objection Certificate (NOC) from the landlord.

Financial Statements:
Audited financial statements (Income & Expenditure Account, Balance Sheet, Audit Report) for the last three years (or since inception if less than three years).
Bank statements for the last three years.
Details of Welfare Activities: A brief note on the activities carried out by the organization since its inception or for the last three years, along with a progress report.
List of Governing Body/Board of Trustees/Directors: A detailed list of members/trustees/directors with their names, addresses, contact details, and PAN copies.
Details of Donors (if any): A list of donors along with their PAN details (especially for 80G applications if donations are received).
Affidavit/Undertaking: An affidavit or undertaking by the head of the NGO confirming the genuineness of activities and compliance with legal provisions.
Existing 12A/12AA/80G Certificates: Self-certified copy of any existing registration orders under Section 12A/12AA/12AB or 80G.
FCRA Registration Certificate (if applicable): If the organization is registered under the Foreign Contribution (Regulation) Act, 2010.
NITI Aayog Darpan Portal Registration Number: NGOs applying for 80G/12A registration are often required to provide their registration number with the DARPAN portal of NITI Aayog.

Specific Documents for Trusts:
Original Trust Deed for verification (will be returned).

Specific Documents for Societies:
Original Society Registration Certificate, MoA, and By-laws for verification (will be returned).

Specific Documents for Section 8 Companies:
Original Certificate of Incorporation, MoA, and AoA for verification (will be returned).

Failure to adhere to the regulations can result in severe consequences: 

• Company Fines: A fine of not less than ₹10 lakh, which may extend to ₹1 crore.
• Director/Officer Fines: Directors and officers in default are punishable with a fine of not less than ₹25,000, which may extend to ₹25 lakh.
• Revocation of License: The Central Government may revoke the company's license if its affairs are found to be conducted fraudulently or in violation of its non-profit objectives.
• Fraud Liability: Officers found conducting affairs fraudulently may face action under Section 447 of the Companies Act, which deals with fraud. 

Section 8 companies offer several advantages over other non-profit structures like Trusts and Societies: 

    Feature                     Section 8 Company                                             Trust                                                Society

Governing Law             Companies Act, 2013              Indian Trusts Act, 1882 or State Acts                         Societies Registration Act, 1860

 Legal Status                  Separate legal entity                     Not a separate legal entity                                      Not a separate legal entity

  Credibility                 High (due to MCA oversight)                Lower transparency                                               Moderate/Community-driven

  Operations                       Nationwide scope                    Typically state/area limited                                State-specific (unless registered nationally)

    Liability                 Limited liability for members               Trustees can have personal liability                    Members generally not personally liable

     Funding              Preferred by large donors/CSR funds                  Limited avenues                                    More flexibility through member dues

    Compliance              High requirements                                     Low to moderate                                            Moderate requirements

    Tax Benefits          Eligible for 12A & 80G registration             Eligible for 12A & 80G registration                 Eligible for 12A & 80G registration

To be eligible for registration, a Section 8 company must satisfy the following criteria: 

Its primary objective must be to promote commerce, art, science, sports, education, research, social welfare, religion, charity, environmental protection, or similar causes.
It must intend to apply all profits, if any, or other income solely towards promoting its objectives.
It must be prohibited from paying any dividend to its members/shareholders.
A minimum of two directors and two members are required for a private Section 8 company.
At least one director must be a resident of India (stayed for at least 182 days in the previous calendar year).