12A and 80G registration are granted to the NGOs by the Income Tax Department. The application for 12A and 80G license can be either filed together or separately. The first thing an NGO should do is to seek an exemption certificate, which is the 12A certificate. Without this certificate, the receipts of an organization are entitled to the normal tax rate.
12A registration helps an NGO to exempt its surplus income from Income Tax Act subject to the minimum application of 85% in the same year. 80G registration of an NGO helps its donor to claim income tax exemption U/S 80G. NGO needs to file Form-10A for filing the 12A application and Form-10G for filing the 80G application.
The NGO should check a few things and keep them handy to apply for 12A and 80G registration.
- Registration certificate and MOA/Trust Deed self-attested by the trustee/member/director of the NGO.
- A copy of the PAN Card and Bank Statement of the NGO.
- Financial Statements and Income Tax return for the last three years or less.
- Evidence of doing welfare activities that include photographs, notes, etc.
- List of all members along with their personal details that include contact details, Address Proof and PAN Card. The copy of PAN Card and Aadhar Card should be self-attested.
- Signed affidavits by the trustee/member/director.
- The department reserves full rights to ask for any other information or document.
- NOC from the owner of the property on stamp paper of Rs. 10 and notarized as well.
- Rent Agreement.
- Electricity bill or Water bill that is not more than 2 months old.
Fill form 10A and 10G in the Income Tax Portal and attach all required documents along with duly filled forms.
Unique reference number is provided by the income tax portal.
After a few days, a questionnaire is sent at the registered office that is raised by the IT department.
After the IT officer is satisfied with the answers provided in the questionnaire by an NGO, then he approves the application for 12A and 80G licenses.
NGO is issued with 12A and 80G licenses.
Yes, an NGO can file for 12A and 80G licenses together.
No, the NGO can file for 12A and 80G license when they feel like doing so and it is not required to wait for three years after formation.
Yes, the Income Tax Officer can reject the application of 12A and 80G licenses if he thinks that the justifications provided by an NGO are not enough to avail the benefits of tax exemption.
Yes, the Income Tax officer should approve an application within 6 months from the date of filing the registration.
As per the Finance Act, 2020 existing 12A and 80G certificate holders are to apply for a renewal of their licenses. Moving forward the department will issue a certificate for the tenure of 5 years.
Online applications are available for 10A and 10G forms.
Yes, the officer may ask for the original copies of the PAN Card and Trust Deed at the time of hearing just for the purpose of verification.
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