12AB / 80G Registration
Section 12AB registration is mandatory in order to avail tax benefit under section 11. Section 80G registration is mandatory in order to provide tax deduction benefit to the donors of eligible Trusts / Section 8 Companies
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All those Non Profit Organisation (NPO’s), Non Government Organisation (NGO’s), Section 8 registered companies, trusts and societies formed for the purpose of not making profits and to extend their benefit to the Public at large, are given special status by the Income Tax Act.
Income Tax Act recognizes the activity of NGO/ NPO / section 8 companies and based upon the objective of such organisation grants certain benefit to them, Section 12AB and section 80 G registration are governed by Income Tax Act and is intended to provide income tax relaxation and providing relief to donors of these organisation.
Section 12AB and section 80G registration serve different purpose, both registrations can be applied together and can be applied separately. Section 12AB registration enables the entity to claim entire income as exempt to income tax. Section 80G registration enables the entity to provide income tax deduction benefit to the person who contribute any sum to registered 80G entities.
In order to make an application for 80G deduction, it is mandatory to obtain 12AB registration prior to making application, however application of both registrations can be made simultaneously. For registration under section 12AB, online application in Form 10A.
Documents to be files as attachment along-with online application of Form 10A are:
1. Certified copy of the instrument under which the trust / institution was created / established, if applicable.
2. Certified copy of the document evidencing the creation of the trust or the establishment of the institution, if applicable.
3. Certified copy of registration with Roc / Registrar of Firms / Societies / Registrar of Public trusts, whichever applicable.
4. Certified copy of the documents evidencing adoption or modification of the objects, if any.
5. Certified copy of the annual report of the trusts / institution for maximum three immediately preceding financial years, if applicable.
6. Note on activities undertaken.
7. Certified copy of existing order granting registration under section 12A or section 12AA, if any
8. Certified copy of order of rejection of application for grant of registration under section 12A or section 12AA, if any.
9. Any other document, if any, relevant for registration under section 12AB.
Application for Section 12AB registration is made in accordance with Rule 17A of The Income Tax Rules 1962 and is made in Form 10A along with self-certified copies of Trust deed, Memorandum of Association (MoA), Articles of Association (AoA), Registration certificate, Note on activities of Trust, Audited financial statement of previous 3 years if the entity was in existence in previous years.
Section 80G is applicable to such entities engaged in charitable activities and raising donation form general public. Application for 80G registration is made in accordance with Rule 11AA of The Income Tax Rules 1962 and is made in Form 10G.
Section 12AB and Section 80G Registration both provides tax exemption benefit to registered entities. All registered entities need to comply with the provisions of Income tax Act and conditions stipulated at the time of section 12AB and section 80G Registration.
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