Section 12A & 80G
Registration —
NGO Tax Exemption 2025
Section 12A gives your NGO, Trust, or Society 100% income tax exemption on surplus income. Section 80G lets your donors claim 50% tax deduction on every donation — making your fundraising dramatically more effective. Both are filed on the Income Tax portal via Form 10A. Finance Act 2025: small trusts (income ≤₹5 Cr) now get 10-year validity. TAXAJ files both registrations end-to-end.
Finance Act 2025 Update — Small Trusts Now Get 10-Year Validity for 12A Registration
Finance Act 2025 (w.e.f. FY 2025-26): Small trusts and institutions whose total income in the preceding two financial years does not exceed ₹5 crore will now receive a 10-year validity for 12A registration (instead of the earlier 5 years). Larger trusts still get 5-year validity. This significantly reduces the administrative burden for small NGOs. Important: Trusts and institutions must still apply for registration renewal under Section 80G every 5 years. New trusts get provisional registration for 3 years. The amendment regarding registration renewal applies to applications made after March 31, 2025. TAXAJ is fully updated to file both fresh and renewal applications under the new framework.
Section 12A & 80G Registration — Complete Guide for NGOs, Trusts & Societies 2025
Sections 12A and 80G of the Income Tax Act, 1961 are the two foundational registrations that every Non-Governmental Organisation (NGO), charitable trust, society, or Section 8 Company operating in India must obtain to access income tax exemptions and make their donor ecosystem more effective. Together, these two registrations form the complete tax-efficiency package for any non-profit operating for charitable, educational, religious, or welfare purposes.
Section 12A (and its successor Section 12AB) — introduced by the Finance Act 2020 — certifies that the Income Tax authorities recognise the registered institution or trust as having been incorporated or established for a charitable purpose. The effect of such recognition is that the organisation's income — whether from donations, grants, interest, rent, or any other source — is exempt from income tax, subject to the condition that at least 85% of such income is applied for charitable or religious purposes during the financial year. The remaining 15% can be accumulated and carried forward.
What Is Section 80G Registration?
Section 80G provides tax benefits to the donors of an NGO or charitable organisation — not to the NGO itself. When an NGO obtains 80G registration, its donors can claim a deduction of 50% or 100% of the amount donated from their taxable income, subject to the applicable income ceiling. This is a powerful fundraising tool — when a corporate donor or individual knows their donation comes with a 50% tax deduction, they are significantly more motivated to donate larger amounts. 80G-registered NGOs are also preferred by corporates for their CSR (Corporate Social Responsibility) spending, as it provides donors with documented tax benefits.
Why Are Both 12A and 80G Critical Together?
- 12A alone: Your NGO doesn't pay income tax on its surplus — but donors get no deduction. Useful for operational efficiency but limited fundraising advantage.
- 80G alone: Not possible — 80G registration requires prior 12A/12AB registration. You must have 12A first.
- Both together: Your NGO pays no income tax AND donors get 50% tax deduction — maximum benefit for both organisation and donor. Government funding, CSR grants, and international aid all become more accessible.
- Only NGOs with both 12A and 80G registrations are eligible for government funding and grants from most institutional donors.
Section 12A and 80G — What Each Registration Does and Who Benefits
Click each tab to explore the specific purpose, benefits, conditions, and process for each registration separately.
Why 12A and 80G Registration Is Essential for Every NGO in 2025
12A and 80G are not optional — they are the foundation of every compliant, fundable, and tax-efficient NGO. Here are the 8 key benefits.
100% Income Tax Exemption on NGO Surplus
Without 12A registration, your NGO pays income tax at standard rates on all surplus income — just like a business. With 12A, all income is exempt from tax subject to the 85% spending rule. This preserves maximum resources for your charitable mission.
Section 12AB · 85% spend ruleAttract More Donors — 50% Tax Deduction Incentive
Donors to 80G-registered NGOs get a 50% tax deduction on every donation. A donor in the 30% tax bracket giving ₹1 lakh effectively pays only ₹85,000 after tax savings. This incentive dramatically increases donation amounts and donor retention.
Section 80G · Donor deductionAccess to CSR Funds — Section 135 Companies Act
Companies with net worth ≥₹500 crore or turnover ≥₹1,000 crore must spend 2% of net profit on CSR. Most companies prefer to donate to NGOs with valid 80G registration — providing documented tax benefits to both the company and individual directors. CSR-1 registration is additionally required to receive CSR funds from companies.
CSR funding · Section 135Government Grants & Institutional Funding
All Central and State Government grants, NITI Aayog funding, and most institutional donor grants are available exclusively to NGOs with both 12A and 80G registrations. Without both, your organisation is ineligible for the largest funding pools in India — including the PM CARES Fund and National Disaster Relief Fund projects.
Govt grants · Both requiredFCRA Prerequisite — Foreign Donations
FCRA registration (required to receive foreign donations) effectively requires an established NGO track record — and 12A/80G registration is a key indicator of that track record. Well-established 12A and 80G-registered NGOs are significantly more likely to receive FCRA approval from the Ministry of Home Affairs. FCRA registration →
FCRA support · Foreign donorsEnhanced Credibility & Donor Confidence
12A and 80G certificates are visible proof that the Income Tax department has scrutinised and validated your NGO's charitable objectives and activities as genuine. This credibility boost makes corporate donors, foundations, and high-net-worth individual donors far more confident in donating — knowing a government authority has vetted the organisation.
Government validationFinance Act 2025 — 10-Year Validity for Small Trusts
As of Finance Act 2025 (effective FY 2025-26), small trusts and institutions whose total income in the preceding two financial years does not exceed ₹5 crore will receive 10-year validity for 12A registration, reducing the administrative burden of frequent renewals significantly. TAXAJ advises on whether your trust qualifies for the extended validity.
10 years if ≤₹5 Cr incomeCarry Forward & Set Off of Losses
NGOs registered under 12A can carry forward accumulated surplus for future charitable spending without paying tax on it. The 15% that need not be applied in the current year becomes part of the corpus or can be accumulated for larger capital projects — hospitals, schools, or community infrastructure — over multiple years.
15% accumulate · Corpus fundSimplifies Audit & Annual Compliance
12A registration simplifies the annual ITR filing (ITR-7) — tax computation is straightforward once you demonstrate the 85% spending rule compliance. 80G registration requires keeping donor records with PAN details but eliminates the need for complex tax planning around donations received. Both registrations together signal compliance maturity to auditors and institutional donors.
ITR-7 · Simplified filingHow Much Tax Deduction Can Donors Claim? — 80G Categories Explained
Not all 80G donations carry the same deduction. The deduction depends on which category the NGO/fund falls under and whether an income ceiling applies.
100% Deduction — No Income Ceiling
Donations to the Prime Minister's National Relief Fund, National Defence Fund, National Foundation for Communal Harmony, PM CARES Fund, State Govt. Relief Funds — these qualify for 100% deduction without any income ceiling. Every rupee donated is deductible from taxable income.
100% · No ceiling · Govt funds100% Deduction — Subject to Income Ceiling
Donations to approved scientific research institutions, approved educational institutions, and approved organisations for rural development — 100% deduction but limited to 10% of the donor's adjusted gross total income. Amounts exceeding the ceiling are not deductible.
100% · 10% AGI ceiling50% Deduction — No Income Ceiling
Donations to Jawaharlal Nehru Memorial Fund, Indira Gandhi Memorial Trust, Rajiv Gandhi Foundation — 50% deduction without any income ceiling.
50% · No ceiling50% Deduction — Subject to Income Ceiling
Most registered NGOs with 80G certificate fall in this category — donors get 50% of the donated amount as deduction, subject to the 10% of adjusted gross total income ceiling. This is the category TAXAJ's clients' NGOs fall into for their 80G registration.
50% · 10% AGI ceiling · Most NGOsCash Donation >₹2,000 = No Deduction
Since the Finance Act amendment, donations paid in cash exceeding ₹2,000 in a single transaction are not eligible for any 80G deduction. Donors must pay via NEFT, RTGS, UPI, cheque, or demand draft to claim the deduction. This rule applies regardless of the category of donation.
No deduction for cash >₹2,000Required on 80G Donation Receipt
Every 80G donation receipt must contain: NGO name, NGO PAN, 16-digit URN (Unique Registration Number from Form 10AC), donor name, donor PAN, date of donation, amount, and mode of payment. Receipts without URN are invalid for claiming 80G deduction since Finance Act 2020.
16-digit URN mandatory on receiptHow to Apply for 12A and 80G Registration — Step-by-Step Process (2025)
Both 12A and 80G can be applied for simultaneously in a single Form 10A filing on the Income Tax e-filing portal. TAXAJ manages the complete process.
Ensure Base Registration — Trust, Society, or Section 8 Company
Before applying for 12A and 80G, your NGO must be validly registered under an applicable statute: Trust (under Indian Trusts Act 1882 or State Trust Acts), Society (under Societies Registration Act 1860 or State Societies Acts), or Section 8 Company (under Companies Act 2013). Additionally, the organisation's governing document (Trust Deed / Memorandum of Association) must explicitly state that it operates exclusively for charitable, educational, religious, or social welfare purposes and that no income or assets will be used for private benefit of any individual trustee or member. TAXAJ audits your governing document before filing to prevent rejection.
Register on Income Tax e-Filing Portal & Obtain NGO PAN
The organisation must have a PAN card in the name of the NGO / Trust / Society (not the individual trustee's PAN). Register the NGO on the Income Tax e-filing portal (incometax.gov.in) using the NGO's PAN, registered mobile number, and email. This creates the NGO's IT portal account from which both Form 10A (12A application) and Form 10A (80G application) will be filed. If the NGO already has an IT portal account, verify that all details match the PAN card and registration documents. TAXAJ handles the IT portal registration and account setup for new NGOs.
Compile Documents — 12A Requires More, 80G Builds on 12A
Compile all required documents for both registrations. For a new trust applying for the first time, the documentation includes: Registration Certificate, Trust Deed / MoA / AoA, PAN card, audited financial statements for the last 3 years (or since inception if less than 3 years), activity report with photographs, list of trustees/directors with PAN and Aadhaar, bank statements, address proof with NOC from landlord if rented, list of welfare activities, and declaration regarding compliance with Section 13(3) (no benefit to related parties). TAXAJ provides a complete document checklist tailored to your NGO type and ensures all documents meet the Income Tax Commissioner's format requirements before uploading.
File Form 10A on Income Tax Portal (Both 12A and 80G)
Log in to the IT portal → go to e-File → Income Tax Forms → File Income Tax Forms → Form 10A. Form 10A is the unified application form for both Section 12A and Section 80G registration — you can apply for both simultaneously in a single filing. Select "Registration under Section 12A and 80G" → fill in: organisation type, registration details, NGO Darpan ID (if applicable), activity description, financial details, trustee/director information, and address details. Upload all required documents. Verify and submit using Digital Signature Certificate (DSC) or Aadhaar OTP. A Form 10A acknowledgement number is generated — track it on the portal.
CIT/PCIT Review — Enquiry, Clarification, and Possible Hearing
After submission, the application is reviewed by the Principal Commissioner of Income Tax (PCIT) or Commissioner of Income Tax (CIT) — Exemptions having jurisdiction over the NGO's registered address. The CIT may: (1) Issue a notice asking for clarification or additional documents — respond within the timeline given (usually 30 days), (2) Ask for a personal/virtual hearing to verify the genuineness of activities and objectives, (3) Inspect the NGO's premises or ask for further activity evidence. The CIT focuses on: whether charitable objectives are genuine, whether past activities match the stated objectives, and compliance with applicable laws (Societies Act, Companies Act, etc.). TAXAJ represents clients before the CIT and responds to notices on their behalf.
Receive 12A and 80G Certificates — 16-Digit URN in Form 10AC/10AD
Upon satisfactory review, the PCIT/CIT issues the approval: Section 12A registration in Form 10AC and Section 80G registration also in Form 10AC (for new registrations) — both with a unique 16-digit alphanumeric Unique Registration Number (URN). For provisional registration (new trusts), the PCIT must pass the order within 1 month of receiving the application. Download and preserve both certificates from the IT portal. The 16-digit URN must be displayed on all 80G donation receipts issued to donors — receipts without URN are invalid for claiming tax deductions. TAXAJ delivers certified copies of both certificates.
12A and 80G Registration Documents — Complete Checklist by Entity Type
Documents vary by whether the NGO is a Trust, Society, or Section 8 Company, and whether it is a new applicant or seeking renewal. Select your situation.
Section 12A and 80G Registration — Frequently Asked Questions
Section 12A and 80G Registration — Service Packages
TAXAJ's CA + legal team handles the complete IT portal filing — document review, Form 10A preparation, CIT query responses, and certificate delivery.
- ✓Trust Deed / MoA audit for 12A objects
- ✓Form 10A preparation + IT portal filing
- ✓Document review + upload support
- ✓CIT query response + hearing support
- ✓12A + 80G certificate delivery
- ✓All Fresh Registration services
- ✓Trust / Society / Section 8 registration
- ✓NGO Darpan (NITI Aayog) registration
- ✓Trust Deed / MoA drafting
- ✓PAN + IT portal setup
- ✓Form 10AB renewal filing
- ✓Updated financials compilation
- ✓Activity report preparation
- ✓CIT query response (if any)
- ✓Updated certificate delivery
