Harun Raaj & AssociatesHarun Raaj & Associates
NGO, Trust & Not-for-Profit

12A & 80G Registration for NGOs

12A & 80G Registration

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SCOPEConfirmed in writing
TYPICAL TIMELINE15–20 days
DOCS REQUIRED5 documents

Overview

12A and 80G registration is the foundation of tax-exempt status for a charitable or religious institution in India. Registration under Section 12AB of the Income Tax Act 1961 (applied for in Form 10A under Rule 17A of the Income-tax Rules 1962) keeps the trust's income exempt from tax under Sections 11 and 12 of the Act. Approval under Section 80G(5) of the same Act, applied in Form 10AG under Rule 11AA of the Income-tax Rules 1962, is what lets donors claim a tax deduction for their donations — typically 50%, or 100% for certain approved funds under Section 80G(2).

For an NGO, trust, society or Section 8 company, this is not paperwork for its own sake. Donors — individuals, corporates under CSR, and institutions — almost always ask whether the organisation holds both 12AB registration and 80G approval before writing a cheque. Without 80G approval, a donor gets no deduction under Section 80G, so donations dry up. Without 12AB registration, the trust's income loses the exemption under Sections 11 and 12 and becomes taxable like any other income, which can push a small NGO into an unaffordable tax bill.

If registration is skipped or lapses, the Income Tax Department treats the trust's surplus as taxable income, interest under Section 234B can apply on unpaid tax, and every donation the NGO has been receiving quietly loses its tax benefit for the donor. It is a compliance failure that shows up in notices, in donor due-diligence, and in CSR committee checklists.

This service is for any charitable or religious institution — trusts, societies, Section 8 companies, educational institutions, hospitals, or religious endowments — that receives voluntary contributions or runs on donations. We handle the eligibility check against Section 12AB conditions, prepare Form 10A and Form 10AG, file them on the income tax e-filing portal, and track the department's processing to a clean registration certificate.

How It Works

  1. 1

    Eligibility & Document Check

    We review the trust deed, registration certificate, PAN, bank details and activity summary to confirm eligibility under Section 12AB and Section 80G(5).

    You do this3-5 days
  2. 2

    Form 10A Preparation

    We prepare Form 10A under Rule 17A of the Income-tax Rules 1962, mapping your objects and activities to the Section 12AB conditions.

    Harun Raaj & Associates does this5-7 days
  3. 3

    Form 10AG Preparation

    We prepare the 80G approval application in Form 10AG under Rule 11AA, so donors can claim deductions under Section 80G.

    Harun Raaj & Associates does this3-5 days
  4. 4

    E-filing with Income Tax Department

    Both applications are filed online on the income tax e-filing portal with supporting documents.

    Harun Raaj & Associates does this1 day
  5. 5

    Department Processing & Queries

    We respond to any queries from the Assessing Officer and monitor the application to approval.

    Government1-3 months
  6. 6

    Registration Certificate Received

    You receive the 12AB registration certificate and 80G approval order, and we confirm the validity period for renewal planning.

    Harun Raaj & Associates does this1 day

Frequently Asked Questions

What is the difference between Section 12A and Section 80G registration, and does a trust need both?
Section 12A of the Income Tax Act 1961 grants a charitable trust or institution exemption from tax on its own income — without it, surplus is taxed like any other person. Section 80G is a separate registration that lets donors claim a deduction (typically 50% of the donation amount) on their own taxable income under Section 80G(2)(ac). A trust can hold 12A without 80G, but donors then get no tax benefit; most fundraising NGOs apply for both simultaneously using Form 10A on the e-filing portal.
What forms are filed and what is the timeline for obtaining registration?
New applicants file Form 10A for both 12A and 80G registration simultaneously on the income-tax e-filing portal. The Principal Commissioner or Commissioner of Income Tax must pass an order granting provisional registration within 1 month of receipt under Section 12AB(1)(a). Provisional registration is valid for 3 years; after the trust commences activities, Form 10AB must be filed at least 6 months before expiry to obtain final registration, which is valid for 5 years under Section 12AB(1)(b). These timelines were introduced by the Finance Act 2020 and apply to all trusts including those registered under the earlier Section 12AA regime.
What documents does the trust need to submit with the application?
The application in Form 10A must be supported by: the registered trust deed or memorandum and articles, PAN of the entity, details of activities undertaken since incorporation, audited accounts for the last 3 years (or since inception if newer), and a self-declaration that activities are genuinely charitable. For 80G registration, the Commissioner also verifies that the trust's objects fall within "charitable purpose" as defined in Section 2(15) of the Income Tax Act 1961 and that no income is applied for the benefit of any particular religion or caste under the proviso to Section 13.
What are the annual compliance requirements after registration?
A 12A-registered trust must file ITR-7 under Section 139(4A) of the Income Tax Act 1961 (Section 263 under the Income Tax Act 2025 for TY 2026-27 onwards) and get its accounts audited in Form 10B (receipts above Rs. 5 crore) or Form 10BB where applicable. For 80G, the trust must file a statement of all donations received in Form 10BD on the e-filing portal annually by May 31, and issue Form 10BE (donation certificate) to each donor by May 31 — failure to do so disqualifies donors from claiming the deduction and exposes the trust to penalties under Section 271K (up to Rs. 1 lakh per default).
Can registration be cancelled, and what are the tax consequences?
Yes. The Commissioner can cancel registration under Section 12AB(4) if activities are found non-genuine, if income is applied for non-charitable purposes, or if the trust fails to file returns or audit reports. On cancellation, the entire accreted income (assets minus liabilities) becomes taxable at the maximum marginal rate under Section 115TD (the "exit tax" provision introduced by the Finance Act 2016). Additionally, any income applied irregularly can attract penalty under Section 271B or misreporting penalty under Section 270A at 200% of the tax payable on under-reported income.

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