
🧾 What Are Section 12AB and Section 80G?
- Section 12AB: Provides tax exemption to NGOs on their surplus income. Replaces earlier 12A/12AA registrations post-31.03.2021.
- Section 80G: Provides tax benefits to donors, allowing them to claim deductions on the amount donated to registered NGOs.
Note: Without these registrations, an NGO’s income and donations may be fully taxable.
✅ Benefits of Section 12AB & 80G Registration
| Benefit | Section 12AB | Section 80G |
|---|---|---|
| Tax exemption on income | ✅ | ❌ |
| Credibility and transparency | ✅ | ✅ |
| Boosts funding opportunities | ✅ | ✅ |
| Tax savings for donors | ❌ | ✅ |
| Eligibility for FCRA registration | ✅ | ✅ |
📌 Applicability of Section 12AB
Applicable to:
- Trusts and NGOs already registered under:
- Section 12A
- Section 12AA
- Section 10(23C)
- Section 80G (for revalidation)
Purpose: Brings uniformity, ensures periodic reviews (every 5 years), and strengthens transparency.
📋 Registration Process under Section 12AB
🧭 Steps:
Case 1: Already registered under 12A/12AA
- Apply online using Form 10A
- Registration valid for 5 years
Case 2: New applicant (provisional registration)
- Provisional registration valid for 3 years
- Apply through Form 10A online at income tax e-filing portal
🧾 Documents Required:
- Registration Certificate & Trust Deed (2 self-attested copies)
- PAN card of the trust/institution
- NOC from landlord & electricity bill (if office is rented)
- Books of accounts, ITRs (last 3 years)
- List of trustees/governing members
- Activity reports/project reports (3 years)
- Donor list with details
- Bank statements (3 years)
- FCRA registration details (if applicable)
- Any other documents as requested
📄 Outcome:
- If approved: You receive Form 10AC with a 16-digit URN
- If rejected: You’ll be given a chance to present your case
📘 Registration Process under Section 80G
🧭 Steps:
- Apply using Form 10G
- Submit to Jurisdictional Commissioner of Income Tax
- Commissioner may:
- Verify documents
- Request additional info
- Approve/reject after hearing
📄 Conditions for 80G Approval (Section 80G(5)):
- NGO must be established in India for charitable purposes
- No profit motive
- No benefit to a religious community or caste
- Maintain proper books of accounts
- MOA/bylaws must restrict income usage to charitable purposes only
- If involved in business activity:
- Maintain separate books
- Avoid using donations for business
- Fulfill special conditions under Section 11
🔁 Link Between 12AB and 80G
- You must apply for 12AB registration before or along with 80G.
- Applications for both can be made simultaneously.
- 80G benefits only apply after 12AB is granted.
📅 Important Points to Remember
- Both 12AB and 80G registrations are valid for 5 years.
- Re-registration is required before expiry.
- Keep books updated and submit activity/financial reports annually to maintain compliance.
🏁 Final Thoughts
- Section 12AB helps NGOs save tax and utilize donations fully for charitable purposes.
- Section 80G encourages more donations by giving tax benefits to contributors.
- Together, they build credibility, transparency, and funding potential for any NGO.
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