My Startup Solution: Your Guide to 80G and 12A Registration

12A and 80G Registration

If you're running a non-governmental organization (NGO) in India, obtaining income tax exemption can greatly benefit your cause. My Startup Solution will guide you through the process of acquiring 80G and 12A registration, ensuring that you can continue your valuable work without the burden of taxes.

What is 80G Certificate?

The 80G Certificate is a coveted document issued by the Income Tax Department of India under section 80G of Income Tax Act,1961. It's a beacon of hope for non-profit organizations, non-governmental organizations (NGOs), charitable trusts, and Section 8 Companies. This certificate serves a noble purpose: to incentivize more individuals and entities to contribute funds to these altruistic organizations.

Apply for 80G registration for NGO with My Startup Solution

Now that we've covered the essence of the 80G Certificate, let's shift our focus to the registration process. Obtaining this certificate involves a few systematic steps that organizations need to follow diligently.

Step 1: Application Submission

To kickstart the process, an organization seeking an 80G Certificate must submit an application to the Commissioner of Income Tax in their jurisdictional area. This application should be comprehensive and include all the necessary documents.

Step 2: On-Site Inspection

After the application and requisite documents have been submitted, the Income Tax department swings into action. They conduct an on-the-premises inspection of the institution. This step is vital to ensure transparency and authenticity.

Step 3: Additional Documentation

During the inspection, officials may request additional documents and evidence. It's imperative for the institution to provide these promptly to facilitate the process.

Step 4: Certification

Once the verification process and scrutiny of documents are satisfactorily completed, the Commissioner grants the coveted 80G Certificate to the institution. This certificate is akin to a golden ticket, opening doors to potential donors.

What is 12A Registration?

Section 12A of the Income Tax Act, 1962, provides a significant advantage to Trusts, NGOs, and Section 8 companies by granting them exemption from paying income tax. These organizations are typically dedicated to charitable and non-profit activities but still generate income. Without section 12A Registration, they would be liable to pay taxes at normal rates. It's crucial to note that Section 12A applies uniformly to both charitable and religious organizations, making it accessible to a wide range of institutions.

Process involved in 12A Registration

Initiating the Application

To obtain 12A Registration, organizations must follow a prescribed procedure outlined in Form 10A, as per Rule 17A of the Income Tax Act, 1962. Here's a concise overview of the application process:

• Fill Form 10A: Begin by completing Form 10A, providing accurate details about your organization's activities, objectives, and financial information.
• Submit to Jurisdictional Commissioner: Submit the application to the Jurisdictional Commissioner of Income Tax, the designated authority for 12A Registration.

Verification and Evaluation

Once your application and accompanying documents are received, the Commissioner embarks on a thorough evaluation of your organization's activities. This assessment is vital to determine the legitimacy of your request. The key steps in this phase include:

• Authenticity Verification: The Commissioner checks the authenticity of your organization's activities and may request additional documents or information as needed.

• Report and Decision: After a comprehensive review, the Commissioner issues a written order either approving the 12A Registration or rejecting the application. In the case of rejection, the applicant is afforded an opportunity for a fair hearing.

Post-Registration Considerations

It's important to note that 12A Registration isn't an indefinite privilege. Several factors can lead to its cancellation:

• Contrary to Objectives: If an organization's activities deviate from its stated objectives or are not genuine, it can result in the cancellation of 12A Registration.
• Benefitting Specific Groups: If an institution starts favoring a particular religion or caste, it jeopardizes its 12A Registration.
• Prohibited Investments: Investing funds in prohibited modes or using the institution's income for the benefit of specific individuals can lead to registration cancellation.

80G and 12A Registration Eligibility Criteria

To qualify for 80G and 12A registrations, NGOs and charitable organizations must adhere to specific criteria:

1. Zero Business Income: These registrations are exclusively applicable to entities that do not generate income from any business activities. The primary focus should be on charitable endeavors, and income generation through business activities is strictly prohibited.

2. Legal Structure: NGOs eligible for 80G and 12A registration must either be a charitable trust or a registered society. This legal structure is a prerequisite for availing these tax exemptions.

3. Solely for Charitable Purposes: The assets and income of the organization should be utilized solely for charitable purposes. Any diversion of funds for other purposes is not permissible under these registrations.

4. Financial Accountability: Maintaining a meticulous record of financial transactions is crucial. NGOs must keep a regular and transparent book of accounts detailing all receipts and expenses. This accountability is essential to demonstrate the proper utilization of funds.

5. Non-Beneficial Trustees or Governing Body: The trustees or governing body members should not derive any undue personal benefit from the funds of the organization. These positions should be held with a sense of responsibility and selflessness.

6. Non-Discrimination: NGOs should not be engaged in activities that promote the benefit of any particular caste or religion. The focus should remain on the welfare of society as a whole, devoid of any biases or prejudices.

7. Segregation of Business Income: In cases where an NGO generates income through business-related activities, it is imperative to maintain separate accounts for such revenue. The donations received by the organization must not be utilized for these business ventures.

Documents Required for 80G and 12A Registration

To begin the registration process, you will need to gather a set of essential documents. These include:

• Self-attested copies of the Memorandum of Association (MOA) or trust deed.
• Proof of the registered office, such as a No Objection Certificate (NOC) from the landlord.
• PAN Card of your NGO.
• Copies of utility bills, such as water bills, electricity bills, or house tax receipts.
• Form 10G, duly filled in.
• Evidence of welfare activities performed, either since the inception of your NGO or during the last 3 years.
• Books of accounts, Income Tax Returns, and the Balance Sheet for the past 3 years or since the establishment of your NGO.
• A list of donors.
• PAN as well as the address of donors.
• Names of trustees and board members.

Time Required for 80G and 12A Registration

While the standard timeframe for acquiring 80G and 12A registration ranges from 50 to 80 days, there are strategies to expedite the process:

• Professional Assistance

My Startup Solution can streamline the entire registration journey. Our expertise in navigating the intricacies of the application process can significantly reduce the processing time.

• Efficient Documentation

Thoroughly preparing and organizing your documentation can expedite the verification process, as incomplete or incorrect submissions can lead to delays.

Fees required for 12A and 80G Registration

It's essential to note the fees associated with 80G and 12A registration:

• Legal Fee: The fee for registration is Rs. 2000 for urban areas and Rs. 1000 for rural areas.

80G and 12A Tax Exemption 

Securing 80G and 12A registrations for your NGO is a crucial step in ensuring tax exemptions and encouraging donations. While the process may seem daunting, with My Startup Solution’s right knowledge and preparation, you can navigate it successfully. Your nonprofit's dedication to making a positive impact deserves recognition and support.