pvtltd.co

Direct Tax

12A & 80G Registration for NGOs & Trusts

Registration under s.332, Income-tax Act 2025 (earlier s.12AB, Income-tax Act 1961) for income tax exemption and approval under s.354, Income-tax Act 2025 (earlier s.80G, Income-tax Act 1961) for donor deduction — the new registration process via Form 104 (earlier Form 10A), the CIT (Exemptions) order, and ongoing compliance under ss.332–355, Income-tax Act 2025 (earlier ss.11–13, Income-tax Act 1961).

Reviewed by CA Harun Raaj, ICAI M. No. 238303·Last reviewed:
Discuss with usTypical timeline12A & 80G Registration for NGOs & Trusts

12AB registration for income tax exemption and 80G approval for donor deduction — new registration process via Form 104 (earlier Form 10A), CIT (Exemptions) order, and ongoing compliance under ss.332–355, Income-tax Act 2025 (earlier ss.11–13, Income-tax Act 1961).

What is included
  • • Eligibility and structure review of the trust deed / society rules / MOA
  • • Form 104 (earlier Form 10A) application for 12AB registration on the income tax portal
  • • Form 104 or Form 105 (earlier Form 10A or 10AB) application for 80G approval (Rule 181, Income-tax Rules 2026)
  • • CIT (Exemptions) hearing support and query responses
  • • Provisional-to-regular conversion tracking under the new regime
Documents required
  • • Certificate of Incorporation
  • • Entity PAN Card
  • • MOA & AOA
  • • Trust Deed / Society Rules / Memorandum
  • • Registration Certificate (12A / 80G / Section 8)
Government fees

See the fee table below for the statutory filing charge and common delay logic.

Legal basis
  • • s.332, Income-tax Act 2025 (earlier s.12AB, Income-tax Act 1961)
  • • s.133 and s.354, Income-tax Act 2025 (earlier s.80G, Income-tax Act 1961)
  • • ss.332–355, Income-tax Act 2025 (earlier ss.11–13, Income-tax Act 1961)
  • • Form 104 (earlier Form 10A) / Form 105 (earlier Form 10AB) applications; Form 106 (earlier Form 10AC) order (income tax portal)
Not included in this service
  • ✕The CIT (Exemptions) hearing itself — we prepare, you attend where required
  • ✕Post-approval annual compliance (Form 10B audit, Forms 113/114 (earlier Forms 10BD/10BE)) — handled as separate engagements
Get a quoteExplore more services

Process

How the service works

The workflow is built to be predictable: document collection, legal review, filing, and post-filing follow-through.

Step 1Eligibility

Review structure and eligibility

We review the trust deed, society rules, or MOA to confirm the charitable purpose fits ss.332–355, Income-tax Act 2025 (earlier ss.11–13, Income-tax Act 1961) and the 12AB / 80G tests.

Step 2Application

File Form 104 (earlier Form 10A)

We prepare and file Form 104 (earlier Form 10A) for 12AB registration on the income tax portal, with the governing instrument and activity details.

Step 380G

File Form 104 or 105 for 80G

We file Form 104 or Form 105 (earlier Form 10A or 10AB) for 80G approval under s.354, Income-tax Act 2025 (earlier s.80G, Income-tax Act 1961) in parallel where the entity qualifies for both exemptions.

Step 4Order

Process CIT (Exemptions) order

We track the application, respond to CIT (Exemptions) queries, and confirm the provisional and regular approval orders.

Step 5Comply

Set up ongoing compliance

We brief you on the compliance calendar under ss.332–355, Income-tax Act 2025 (earlier ss.11–13, Income-tax Act 1961) — income application, Form 10B audit, and donor statements — and hand the work to the right engagement.

AEO summary

A new trust, society, or Section 8 company applies for registration under s.332, Income-tax Act 2025 (earlier s.12AB, Income-tax Act 1961) for income tax exemption and approval under s.354, Income-tax Act 2025 (earlier s.80G, Income-tax Act 1961) for donor deduction through Form 104 (earlier Form 10A) on the income tax portal, followed by a CIT (Exemptions) order. We run the application end to end — from trust deed review to the approval order.

Two approvals, one application

The charitable sector runs on two income tax approvals. Registration under s.332, Income-tax Act 2025 (earlier s.12AB, Income-tax Act 1961) excludes the trust’s own income — income applied to charitable purposes does not get taxed under ss.332–355, Income-tax Act 2025 (earlier ss.11–13, Income-tax Act 1961). 80G approval makes donations to the trust deductible for the donor. The two serve different people: 12AB protects the entity, 80G protects the donor.

Under the post-Finance Act 2020 regime both flow through Form 104 (earlier Form 10A), are processed by the CIT (Exemptions), and start as three-year provisional approvals before converting to regular five-year approvals. The new regime removed the old 12A letter-and-order cycle and replaced it with a single application track.

  • • 12AB — exemption for the trust’s own income (ss.332–355, Income-tax Act 2025 (earlier ss.11–13, Income-tax Act 1961))
  • • 80G — deduction for donors (s.133, Income-tax Act 2025; earlier s.80G, Income-tax Act 1961)
  • • Form 104 (earlier Form 10A) single-window application, CIT (Exemptions) order

The compliance that follows

Approval is the beginning, not the end. A 12AB entity must apply at least 85% of its income to charitable purposes in India, file its return (ITR-7) on time, get its accounts audited in Form 10B or 10BB, and file the donor statement Form 113 (earlier Form 10BD) by 31 May each year. Miss the discipline and the exemption is at risk.

We structure the application so the ongoing compliance is a calendar, not a scramble — the same documents that win the approval (deed, activity note, accounts discipline) are the ones the annual cycle checks.

  • • 85% income application test under s.336, Income-tax Act 2025 (earlier s.11, Income-tax Act 1961)
  • • Annual Form 10B / 10BB audit and ITR-7
  • • Form 113 (earlier Form 10BD) donor statement and Form 114 (earlier Form 10BE) certificates each year

Government fees

Fee breakdown

ItemFeeNotes
Form 104 (earlier Form 10A) / 105 (earlier 10AB) filingNilNo government fee is payable for these income tax portal filings.

Timeline

Typical turnaround

Typical timeline usually means a 2–6 months (provisional approval first) turnaround, assuming documents are complete and any board or shareholder approvals are already in place.

Pricing note

There is no fixed government fee profile until the engagement scope is confirmed; the professional fee is quoted after the document review.

Related services

Keep the company moving

Trust Registration

Trust, society, or Section 8 registration — the structure the 12AB / 80G application sits on

12AB Renewal & Form 10AB

Re-registration for existing 12A / 80G holders under the new 12AB framework

Form 10B / 10BB Audit

The annual CA audit report every 12A / 12AB entity must file

FCRA Registration

Foreign contribution registration for NGOs receiving funds from abroad

FAQ

Frequently asked questions

What is the difference between 12AB registration and 80G approval?
Registration under s.332, Income-tax Act 2025 (earlier s.12AB, Income-tax Act 1961) makes the trust’s own income exempt (income applied to charitable purposes is excluded under ss.332–355, Income-tax Act 2025; earlier ss.11–13, Income-tax Act 1961). 80G approval gives donors a deduction on their donations to the trust. Most NGOs want both — 12AB for the entity, 80G for the donors.
How long does the approval take?
Under the post-Finance Act 2020 regime, the CIT (Exemptions) grants provisional registration/approval for three years and regular approval for five years thereafter. In practice the process takes a few months, depending on query load and the completeness of the application.
Can we collect donations before 80G approval?
Yes — donations can be received before approval, but donors only get the deduction for donations made after the 80G approval takes effect. The deed and bank account should be structured before we file so the application does not face rework.
What should you send us before we start?
The trust deed / society rules / MOA, the entity PAN and incorporation documents, a note on intended activities and funding, and any existing approvals (for example a prior 12A or 80G order). That is enough for us to run the eligibility review and file.

Canonical reference: https://www.pvtltd.co/services/12a-80g-registration

Get started

Ready to move this filing forward?

We can help with the filing, the legal mapping, and the follow-up work that keeps the company compliant after submission.

Get a quoteSee pricing