80G and 12A Registration

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80G and 12A Registration

80G and 12A Registration

It is true that many people donate out of an innate desire to give back to society, the availability of tax deductions can also be a motivating factor for some donors. The ability to claim tax deductions on donations to registered NGOs under Section 12A and 80G of the Income Tax Act can provide additional benefits to both the donor and the NGO. 80G and 12A registrations are two important registrations under the Income Tax Act of India that provide tax benefits to NGOs and charitable organizations.

Documents Required for 80G and 12A Registration

Registration Certificate and By Laws of the NGO

Copy of PAN Card of the NGO

Copy of Pan Card and Address proof of the members

Income Tax Login Credentials

Digital Signature for digitally signing the application form

Brief Profile of Ngo and Its welfare activities.

Eligibility Criteria for 80G and 12A Registration

Non-profit motive

NGOs applying for 12A and 80G registration must have a non-profit motive, meaning that their objective should be to promote a charitable or philanthropic cause, and not to earn a profit.

Charitable activities

The NGO should be engaged in activities that fall under the definition of "charitable purpose" as per the Income Tax Act, such as relief of the poor, education, medical relief, and the advancement of any other object of general public utility.

Legal entity

The NGO must be registered as a legal entity such as a trust, society, or a section 8 company, and should have a registration certificate.

Proper book-keeping

NGOs must maintain proper books of account, showing their income and expenditure, and should have these audited by a chartered accountant.

No political activity

NGOs applying for 12A and 80G registration cannot engage in any political activity or promote any political party.

Compliance with other laws

NGOs should comply with all other applicable laws, including filing of annual returns with the Registrar of Societies or Registrar of Companies, as the case may be.

80G Registration

Under Section 80G of the Income Tax Act, donors who make donations to registered NGOs and charitable organizations can claim a deduction from their taxable income. The deduction amount can be either 50% or 100% of the donated amount, depending on the type of organization and the nature of the donation. To avail of this benefit, the organization must have 80G registration. 80G registration is granted by the Income Tax Department to eligible NGOs and charitable organizations after verifying their credentials.

Benefits of 80G Registration

80G registration provides the following benefits to the NGO and its donors:-

Tax deduction to donors

Donors who contribute to an NGO registered under 80G can claim a deduction of up to 50% of the donated amount from their taxable income. This helps encourage donations to charitable organizations.

Encourages donations

80G registration acts as an incentive for individuals and organizations to donate to registered NGOs. The availability of tax deductions motivates more people to contribute to charitable causes, as it reduces the net cost of their donation.

Greater trust and credibility

An NGO registered under 80G enjoys greater trust and credibility among donors and the public, as it provides assurance that the organization is recognized by the government and operates for genuine charitable purposes.

Increased donor base

An NGO with 80G registration can attract more donors, as they can benefit from tax deductions for their donations. This can help increase the NGO's financial resources and further its charitable activities.

Long-term donor relationships:

Once donors realize the tax benefits available through 80G, they are more likely to establish long-term relationships with the NGO, supporting it consistently over time.

12A Registration

Under Section 12A of the Income Tax Act, NGOs and charitable organizations can apply for registration to get their income exempted from income tax. This registration is necessary for an organization to be considered as a charitable entity and to be eligible for other tax benefits and exemptions. To qualify for 12A registration, the organization must be engaged in genuine charitable activities and must have a minimum three-year track record of such activities.

Benefits of 12A Registration

80G registration provides the following benefits to the NGO and its donors:-

Tax exemption

The primary benefit of 12A registration is that it provides tax exemption to registered NGOs. NGOs with 12A registration are exempt from paying income tax on their income generated from charitable activities. This exemption enables NGOs to utilize more of their funds for charitable purposes, rather than paying taxes to the government.

Enhanced credibility

12A registration enhances the credibility and trustworthiness of the NGO in the eyes of donors and the public. It demonstrates that the NGO has undergone scrutiny by the Income Tax Department and has met the necessary criteria to be eligible for tax exemption.

Eligibility for government funding

Many government schemes and programs require NGOs to have 12A registration to be eligible for funding. This registration opens up opportunities for NGOs to apply for government grants and funding, enabling them to expand their activities and reach more beneficiaries.

Compliance with legal requirements

NGOs are required to file their annual income tax returns to maintain 12A registration, which ensures compliance with legal requirements. This compliance helps NGOs avoid any legal repercussions that may arise due to non-compliance with tax laws.

Increased donor confidence

12A registration increases donor confidence in the NGO, as it assures them that their contributions will be utilized for charitable purposes and not for personal gain. This increased confidence can lead to more significant donations and long-term relationships with donors.

Frequently ask question

What is 80G registration, and why is it important for NGOs?

80G registration is a provision under the Income Tax Act that enables donors to claim tax deductions on their donations to eligible NGOs. It is important for NGOs as it encourages individuals and organizations to donate to their cause, increasing their funding and support.

Who is eligible for 80G registration?

NGOs that meet certain criteria, such as being registered as a trust, society, or Section 8 company and using their assets solely for charitable purposes, are eligible for 80G registration. The NGO must also maintain proper books of account and file their income tax returns on time.

What are the benefits of 80G registration for donors?

Donors can claim tax deductions on their donations to eligible NGOs with 80G registration. This enables them to reduce their taxable income and lower their tax liability while supporting a charitable cause.

What is 12A registration, and why is it important for NGOs?

12A registration is a provision under the Income Tax Act that provides tax exemption to registered NGOs. It is important for NGOs as it enables them to utilize more of their funds for charitable purposes, rather than paying taxes to the government.

Who is eligible for 12A registration?

NGOs that meet certain criteria, such as using their income solely for charitable purposes and maintaining proper books of account, are eligible for 12A registration.

What are the benefits of 12A registration for NGOs?

The benefits of 12A registration for NGOs include tax exemption, enhanced credibility, eligibility for government funding, compliance with legal requirements, increased donor confidence, and improved reputation.

How much is the tax exemption provided to Section 80G registration?

One can avail of from 50% to 100% tax deductions from the Income Tax Department without restriction.

What is the difference between 80G and 12A registration?

80G registration provides tax benefits to donors by allowing them to claim deductions on their donations to NGOs, while 12A registration provides tax exemption to NGOs themselves, exempting them from paying income tax on their charitable income.

Can all NGOs apply for 80G and 12A registration?

No, not all NGOs are eligible. NGOs must meet specific criteria such as having a non-profit motive and engaging in charitable activities. The legal entity of the NGO, such as a trust, society, or Section 8 company, also plays a role in eligibility.

Can an NGO receive foreign donations under 80G and 12A registrations?

Yes, NGOs registered under 80G and 12A can receive foreign donations. However, it is important to comply with the Foreign Contribution (Regulation) Act (FCRA) and other applicable regulations for receiving foreign funds.

How Mylegalbusiness.com can help us in Registration under Section 80G and Section 12A of the Income Tax Act, 1961?

Mylegalbusiness.com is a platform that can provide assistance in the registration process for 80G and 12A under the Income Tax Act, 1961. We have a team of professionals who are dedicated to ensure timely and efficient registration for our clients.