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#apply for 12a and 80g
pranshucorpseed · 2 years
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You might be acquainted with 80G and 12A certificates if you run a nonprofit or charitable trust. With the help of these credentials, donors can exempt their contributions to the charity from taxes. This essay will go over the significance of the 80G certificate, how to get one, what paperwork is needed, and how much it costs.
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corpbizlegal · 20 days
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Everything You Need to Know About 80G and 12A Registration for Your NGO
Navigating the registration process for NGOs in India can be complex, especially when it comes to obtaining 80G and 12A registrations. These registrations are crucial for nonprofit organizations looking to benefit from tax exemptions and attract donations. In this blog, we will explore the importance of 12A and 80G registrations, explain what a 12AB certificate is, and provide insights into the relevant sections of the Income Tax Act. Understanding these elements can help NGOs better manage their tax strategies and compliance requirements.
1. Understanding 12A and 80G Registration
12A and 80G registrations are essential for NGOs to operate efficiently in India. 12A registration allows nonprofit organizations to be exempted from paying income tax, while 80G registration enables donors to claim tax deductions for their contributions. Together, these registrations help NGOs reduce their tax burden and incentivize donations, which is vital for sustaining their activities and expanding their reach.
To apply for these registrations, organizations need to submit specific documents and meet certain criteria set by the Income Tax Department. Understanding these requirements and the benefits they offer is crucial for any NGO aiming to maximize its impact.
2. What is a 12AB Certificate?
The 12AB certificate is a document introduced under recent amendments to the Income Tax Act, replacing the earlier system of registration under Section 12A. This certificate is required for all NGOs seeking tax exemptions on their income. Under the new rules, organizations previously registered under 12A need to transition to the 12AB registration by applying to the income tax authorities.
The 12AB certificate ensures that NGOs comply with updated regulations, maintain transparency, and adhere to governance standards. This shift is designed to streamline the process and ensure that only genuine organizations benefit from tax exemptions.
3. Section 12AB of the Income Tax Act           
Section 12AB of the Income Tax Act governs the registration process for NGOs to obtain tax exemptions. This section outlines the requirements for registration, the conditions under which exemptions are granted, and the procedures for renewing registrations. Under Section 12AB, NGOs must submit an application within a specified timeframe, along with relevant documents, to obtain or renew their registration.
Understanding the provisions of Section 12AB is vital for NGOs as it directly impacts their eligibility for tax exemptions. Compliance with these rules ensures continued tax benefits and helps maintain the organization’s credibility and trustworthiness among donors and regulatory bodies.
4. How to Apply for 12A and 80G Registration Online
Applying for 12A and 80G registration online has made the process more accessible and efficient for NGOs. The steps to apply include:
Register on the Income Tax Portal: NGOs must first create an account on the Income Tax Department’s official website.
Fill Out the Application Form: Complete the relevant forms for 12A and 80G registrations online, providing accurate information and details about the organization.
Upload Required Documents: Attach necessary documents such as the NGO’s PAN card, financial statements, and details of activities conducted.
Submit and Track Your Application: After submitting the application, NGOs can track its status online and respond to any additional information requests from the authorities.
By following these steps, NGOs can streamline their registration process, ensuring timely and successful applications for 12A and 80G registrations.
Conclusion
Obtaining 80G and 12A registrations is crucial for NGOs looking to maximize their impact and ensure compliance with tax regulations. By understanding the importance of these registrations, the requirements for obtaining a 12AB certificate, and the specifics of Section 12AB of the Income Tax Act, NGOs can better navigate the registration process. Utilizing online tools for registration further simplifies the process, allowing NGOs to focus on their core mission of driving social change and benefiting their communities.
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bizconsultancy · 1 month
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A Simple Guide to Section 12A and 80G Registration
Non-profit organizations play an important role in helping communities and supporting growth in India. They usually don’t have a regular way to earn money. Instead, they depend on grants, donations, and other types of support to keep running and achieve their goals. The 12A and 80G registrations are ways the government encourages people to support these non-profits. Let’s see how these registrations work!
What is Section 12A Registration?
Section 12A registration exempts NGOs from paying income tax on surplus income. This means your NGO can focus more on its mission rather than worrying about hefty tax bills. For guidance, online tax consultants can be very helpful in navigating this process.
Section 12A of the Income Tax Act explains how the rules in Sections 11 and 12 apply to NGOs. Section 11 says that some types of income don’t count towards the total taxable income for the previous year. Section 12 adds that this includes any money received from grants and donations meant for charity or religious activities.
What is Section 80G Registration?
NGOs get 80G registration so their donors can get tax deductions on their donations. This encourages more people to donate. Getting 80G registration is optional and can only be done after the NGO has 12A registration. Business consultants often recommend this step to enhance fundraising.
Section 80G (1) lets you exclude certain donations from your total taxable income. Clause (2) lists these donations in detail. It covers money given to a non-profit organization that has a 12A Registration. This organization must be based in India, and the money must be used only for charitable or religious activities.
Eligibility for 12A and 80G Registration
Section 12A allows charitable or religious organizations to register and get tax exemptions on donations they receive. To get this registration, these conditions must be met:
Type of Organization: Only trusts or institutions set up for charitable or religious reasons can apply. Charitable reasons include helping the poor, education, yoga, medical aid, protecting the environment, preserving historic sites, or any activity that benefits the public.
Charitable Work: The group must do charity work and not make money for individuals or specific groups.
Registration: The group must be officially registered as a trust, society, or Section 8 company under the Companies Act, 2013. Proof of this must be included in the 12A application.
Use of Income: The group’s money should only be used for charity or religious work, not for the benefit of its members or specific individuals.
Record-Keeping: The group must keep proper records of income, expenses, and activities.
Filing Returns: The group must file its annual income tax returns on time, even if it doesn’t have to pay taxes.
Documents Required for 12A and 80G Registration
To complete the online process for 12A and 80G registration, NGOs need to give documents that show they are officially registered. If they don’t provide these documents, their applications for 12A and 80G registrations might be incomplete and rejected. Here is a simple list of what’s needed for 12A and 80G registration in India:
1. Trust Deed, Society Registration Certificate, or Section 8 Company Certificate
2. Memorandum of Association and Articles of Association (only for Section 8 companies)
3. PAN card of the organization
4. Bank account statement of the organization
5. Audited accounts of the organization for the past three years
6. List of trustees, members, or directors
7. List of activities the organization has done
Who can apply for 12A and 80G registration?
This professional expert talk outlines the benefits and processes for NGOs to obtain Section 12A and 80G registrations.
Benefits of 12A and 80G Registrations
Getting 12A and 80G registrations provides big benefits for charities and NGOs:
Here’s the information rephrased in very simple and common language:
1. Tax Benefits for Donors: With 80G certification, donors can get a break on their taxes for giving money. This makes donating more attractive and can lead to more people giving.
2. Increased Trust: Being registered with 12A and 80G means the Income Tax Department approves the organization. This makes donors and partners trust the organization more because they know it’s transparent.
3. Improved Fundraising: Tax benefits make people and businesses more likely to give money. This helps NGOs collect more funds and expand their projects. Online tax consultants can provide useful advice to maximize these benefits.
4. More Government Grants: Many government grants need 12A and 80G registrations. This means more chances for important funding.
5. Stable Funding: Offering tax benefits to donors helps increase donations and build long-term relationships. This helps NGOs plan and carry out important projects over time.
6. Effective Use of Funds: With 12A registration, NGOs must keep detailed records and use money only for charitable work. This ensures resources are used properly.
Overall, 12A and 80G registrations help manage and increase funds while also improving the NGO’s reputation and ability to operate effectively. Business consultants often recommend these registrations to enhance an NGO’s financial health.
Validity of 12A and 80G Registration
When you first get 12A and 80G registration, it is given as a provisional registration that lasts for three years. To keep this status, you need to apply for renewal either six months before it expires or within six months of starting your operations, whichever comes first. After renewal, the registration is valid for five more years. You will need to repeat this process every five years to keep the benefits.
12A and 80G Registration Process Online
According to the Finance Acts of 2020 and 2021, NGOs need to use Form 10A for getting their 12A and 80G registrations. Here’s a simple guide to help you:
Note: Section 12AA has been replaced by Section 12AB. If your NGO was registered under 12A, 12AA, or 80G before April 1, 2021, you will need to re-register under Section 12AB.
Step 1: Set Up and Register Your NGO
Choose the right type of legal setup for your NGO, such as a trust, society, or Section 8 company, and register it with the right authorities.
Step 2: Gather Documents
Collect necessary documents like your registration certificate, MOA/Bye Laws/Trust Deed, audited financial statements, FCRA Registration, and NGO Darpan ID.
Step 3: Fill Out Form 10A
Complete Form 10A, available from the Income Tax Department’s website or local offices. Provide accurate details about your organization.
Step 4: Submit Your Application
Send Form 10A and documents to the Income Tax Commissioner’s Office or through the Income Tax Website. Keep copies for your records.
Step 5: Review and Inspection
The tax authority will review your application and may inspect your NGO’s activities and financial records.
Step 6: Registration Confirmation
If approved, you’ll receive a 12A and 80G registration certificate. If there are issues, you’ll have a chance to fix them.
Step 7: Obtain Your Registration Certificate
Once registered, you’ll get an official certificate confirming your NGO’s tax-exempt status, benefiting both your organization and its donors.
Process for Regular 80g Registration
· Submit Form 10G: NGOs must complete Form 10G and submit it with the required documents to the Income Tax Department.
· Inspection: The Income Tax Officer (ITO) may conduct an on-site inspection to verify the NGO’s information.
· Approval: Upon satisfactory review, the NGO will receive regular 80G registration, valid for five years.
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structuredbiiz · 2 months
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The Comprehensive Guide to Section 8 Company
Introduction to Sector 8 Company
A Section 8 Company, as defined under the Companies Act, 2013, is a non-profit organization established with the purpose of promoting activities that benefit society. These activities can range from commerce, art, science, sports, education, and research, to social welfare, religion, charity, and environmental protection. Unlike other companies, Section 8 Companies are prohibited from distributing profits to their members and must use any income or profits solely for promoting their objectives. This article will delve into the key aspects of Section 8 Company, including their criteria, benefits, formation process, compliance requirements, and how they compare to other non-profit entities.
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Criteria for Section 8 Companies
Charitable Purpose
Section 8 Companies are established with the objective of advancing various social, cultural, educational, and environmental causes. The fundamental criteria for these companies include:
Promoting Commerce, Art, Science, Sports, Education, Research, Social Welfare, Religion, Charity, and Environmental Protection: These are the primary areas where Section 8 Companies focus their efforts.
Utilization of Profits: All profits and income generated by the company must be used to further its charitable objectives. No portion of the profits can be distributed as dividends or profits to its members.
Licensing Requirements: While the incorporation process mirrors that of other companies, Section 8 Companies must comply with additional requirements to obtain the necessary licenses.
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Benefits of Section 8 Companies
Separate Legal Entity and Limited Liability
Section 8 Companies enjoy the status of a separate legal entity, which means they can own, sell, and transfer property, as well as incur debts independently of their members. Additionally, these companies benefit from limited liability, ensuring that the personal assets of members are not at risk for the company's liabilities.
Tax Benefits
One of the significant advantages of forming a Section 8 Company is the potential for various tax exemptions:
12A Registration: This allows the company to be exempt from paying income tax on surplus income. However, post-October 1, 2020, new registrations for income tax exemptions must be obtained under Section 12AB, granting provisional registration for three years.
80G Certificate: Donations made to Section 8 Companies can be eligible for tax exemptions for the donors, which encourages charitable contributions. The 80G Certificate, effective from October 1, 2020, is granted for five years and requires renewal.
Foreign Contributions
Section 8 Companies can receive foreign contributions, provided they obtain registration under the Foreign Contribution Regulation Act (FCRA). This registration is crucial for attracting international funding to support the company's charitable activities. A Section 8 Company must be in existence for a minimum of three years before applying for FCRA registration.
Credibility and Trust
Due to stringent compliance and transparency requirements, Section 8 Companies are often perceived as more credible and trustworthy compared to other non-profit entities. This credibility can enhance their ability to attract donations, grants, and other forms of support.
Formation of a Section 8 Company
Incorporation Process
The process of incorporating a Section 8 Company involves several key steps:
Obtain Digital Signature Certificate (DSC): Required for the proposed directors and members.
Director Identification Number (DIN): Apply for DIN for the proposed directors.
Name Approval: File Form INC-1 to get the company name approved by the Registrar of Companies.
Drafting of MOA and AOA: Draft the Memorandum of Association (MOA) and Articles of Association (AOA) outlining the company's objectives and governance rules.
License Application: Apply for a Section 8 license by filing Form INC-12 with the necessary documents.
Incorporation Filing: After obtaining the license, file Form SPICe (INC-32) along with MOA, AOA, and other required documents for incorporation.
Required Documentation
Memorandum of Association (MOA) and Articles of Association (AOA)
Declarations by Directors
Proof of Registered Office Address
Identity and Address Proofs of Directors and Members
Compliance Requirements
Annual Compliance
To maintain their status, Section 8 Companies must adhere to several annual compliance requirements:
MCA Filings: This includes filing annual returns, financial statements, and other necessary documents with the Ministry of Corporate Affairs (MCA).
Board Meetings: At least four board meetings must be held annually, along with one annual general meeting.
Audits: Annual financial audits are mandatory to ensure transparency and accountability.
DIR-3 KYC: Directors must comply with Know Your Customer (KYC) requirements.
Situational Compliance
12A and 80G Registration: These are necessary for availing tax exemptions for the company and its donors.
FCRA Registration: Required for receiving foreign contributions.
Trade License: Depending on the nature of the activities undertaken by the company.
Employee-Related Compliances: Professional tax filing, Employees Provident Fund (EPF) registration, and Employee State Insurance (ESI) registration if applicable.
Comparison with Society and Trust
Society
Regulation: Governed by the Society Registration Act, 1860.
Members: Minimum of seven members required for a state-level society and eight for a national level. Family members cannot be members of the same society.
Foreign Contribution: Possible, but FCRA registration is challenging if there are foreign members.
Jurisdiction: Typically state-level jurisdiction.
Trust
Regulation: Governed by the Trust Act or Bombay Public Trust Act.
Members: Trustees can be family members; minimum of two trustees required.
Foreign Contribution: Possible, but FCRA registration cannot be obtained if there are foreign members.
Funding: Government departments may refuse funding if all trustees are family members.
Section 8 Company
Regulation: Governed by the Companies Act, 2013.
Members: Anybody can be a director or member; minimum of two members for private companies and seven for public companies.
Foreign Contribution: Can receive foreign contributions and obtain FCRA registration, making it the preferred choice for such funding.
Governance: Preferred for FCRA due to its structured governance and compliance requirements.
Conclusion
Section 8 Companies provide an excellent framework for individuals and organizations aiming to create a positive social impact through structured and legally recognized means. The benefits of tax exemptions, credibility, and the ability to receive foreign contributions make Section 8 Companies a compelling choice for charitable endeavors. However, it is crucial to adhere to the stringent compliance requirements and maintain transparency to ensure the continued success and integrity of the organization. By following the right procedures and leveraging the benefits, a Section 8 Company can effectively achieve its mission and contribute significantly to society.
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ngo-pilot123 · 2 months
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Social Stock Exchange Registration in India
SSE REGISTRATION OF NPO
SSE registration aim is to enable these organizations to get sustainable funding and expansion for their work of transforming people’s lives positively. Listing/Issuing of ZCZP (Zero Coupon Zero Principle) instruments by NPO after registration on social stock exchange. This is a separate segment of the recognized stock exchange that enables Social Enterprises which are NPOs to raise funds through the issuance and listing of ZCZP instruments.
The first step is for the NPO to register itself with SSE and only eligible NPOs can list their instruments for raising funds. There have been certain minimum requirements prescribed for a not-for-profit organization to register on Social Stock Exchange. There is the mandatory criteria that include the mandatory age of NPO being at least 3 years, valid certificate under U/s 12A/12AA/12AB of the income tax, valid 80G registration, annual spending of at least 50 lakhs and a minimum 10 lakh of funds in the past year. This registration is valid for 1 year and renewable after 1 year. In this case, only registered NPO can list or issue ZCZP within the registration validity period, and listing is not mandatory for registered NPO.
Registering Process Of NPO
The NPO needs to register themselves on the SME platforms of the stock exchanges, BSE SSE and NSE SSE. NPOs seeking to register must apply separately to each platform, adhering to the specific checklists and guidelines specified by both exchanges. Compliance with these distinct registration procedures is essential to ensuring successful registration and listing on both the BSE and NSE. This is valid for one year, and it can be renewed after one year. NPO have to be aware that they cannot be linked with Political or religious organization or activities, Infrastructure Company, housing finance, professional trade association and not cover in ineligible activities also.
Not for profits can get SSE Registration. Registration refers to the act of a social enterprise validated by the SSE as being eligible to raise funds. Listing is the process of making a specific type of security available on the SSE for subscription by investors. Listing refers to the specific security instrument (ZCZP/SIB/DIB etc) through which funding is mobilised on the SSE.
Registration Procedure For SSE On BSE
NPOs seeking registration on the BSE SSE must submit a formal application on their official letterhead to the BSE SSE. This application shall go along with the required documents listed below.
Certificate Of Constitution Of NPO
MOA, AOA, Trust Deed, Bye Laws Of Or Any Other Governing Document
Copy Of PAN, TAN, GST
ITR Of Last 3 Years
Audited Financial Statements Including Auditors Report For Last 3 Financial Years.
80G Registration Under Income Tax Act
Registration Certificate Under The Income Tax Act, 1961 Under Section 12AB (Along With Previous Registrations Under 12A/12AA, If Applicable) And/Or 10 (23C).
Annexure I To Be Given On The Letter Head Of The Entity Contains The Confirmation By The Entity That The Entity Is Formed And Registered Under Acts Such As Indian Trusts Act, 1882, Societies Registration Act Etc.
Annexure II Is The Certificate Of Chartered Accountant Stating Annual Spending, Past FY Funding, Filled Annual Returns Within Due Dates, And Other Information As Required Of The NPO.
Annexure III Is The Confirmation Of Eligibility Criteria For Being Identified As Social Enterprise.
Annexure IV Is The Document That Contains The Vision Statement, Mission Statement, Address, NGO Darpan Registration* Details, Its Governing Board, Number Of Staff, Details Of Statutory Auditor, Representative Letter, Key Projects Handled, Social Audit Reports/ Impact Assessment Reports For Projects (If Any)
Details Of Fee
The NGO Darpan (NGO-PS) is a portal provided by the NITI Aayog that connects NGOs, voluntary organizations, and key government ministries. It aims to enhance collaboration, efficiency, transparency, and accountability between the government and the voluntary sector. The portal helps NGOs and the government work together more effectively and offers up-to-date information on new and ongoing government projects and programs, fostering better communication and partnership.
Registration Process Of SSE On NSE
NPOs who want to register on the NSE SSE must submit a formal application on their official letterhead to the NSE SSE. This application should be go along with required documents listed below.
Application As Per Annexure I Contains The Information Of NPO Like Name, Address And Other Information. (PDF Of Annexures To Be Attached With This)
Certificate Of Constitution Under The Relevant Act Such As Public Trust Statue Of The Relevant State, Societies Registration Act, 1860, Indian Trusts Act, 1882, Companies Act, 2013
NPO Must Have Been Registered At Least 3 Years Prior To The Date Of Application
MOA, AOA, Trust Deed, Bye Laws Of Or Any Other Governing Document
Registration Certificate Under Section 12A/12AA/12AB Under Income Tax Act, 1961. Please Note That The Registration Certificate Should Be Valid For At Least Next 12 Months From Date Of Application
80G Registration Under Income Tax Act
Attach Last 3 Financial Years Audited Financial Statement Along With The Fund Flow Statement Of The Registered NPO
Annual Reports For Last 3 Financial Years As Well, In Case The Entity Is A Section 8 Company.
Resolution For Registration On Social Stock Exchange Along With The Annexures Given By The NSE For The Registration.
NPO Can Apply For Its Registration Along With The Fee In Annexure I Which Is The Format For Application Of Registration.
Annexure II Is The Undertaking From The NPO On Their Letterhead Stating The Eligibility Of The NPO To Be Identified As Social Enterprise And Information About Its Promoters.
Social Auditor Or Statutory Auditor Give Undertaking In Annexure III From The Stating Compliances Of Regulation 292E Of SEBI (ICDR) Regulations, 2018, Information In Respect Of The Annual Spending And About The Funding Of The Past FY Of The Entity.
Firstly, there is the same registration process for NSE SSE and BSE SSE by NPO. However, on BSE SSE, we can check our eligibility by filling out the Yes or No question and answers. If you are eligible and give the right answers as per the eligibility criteria, then successful word mention on screen and then register your interest, but on NSE SSE, we need to create a login credential, then we can fill out the application form, and fees are very minimal as per the circular, but we have not been notified yet. On BSE SSE, the process is a little bit easier as compared to NSE SSE.
Generally, the Exchange reverts to the Issuer with the queries/approval on the application within T+5 working days from the receipt of the application which is correct and complete in all respects. However, additional days may be required on case-to-case basis.
Satisfactory response to the queries raised by the exchange shall be submitted on immediate basis which in any way shall not be later than one month from the last requirement raised. Exchange reserves the right to return the applications if not responded satisfactorily within one month. The fees for registering on a SSE can vary depending on specific exchange and SEBI has not notified a separate fee structure for Social Stock Exchanges as of yet.
Note: The documents to be submitted for registration of an NPO are required to be submitted by CEO/Managing Trustee/Statutory Auditor/any authorized signatories from governing body.
There are the different kinds of instruments through which funds can be raised by an NPO on an SSE:
Zero Coupon Zero Principal Instruments
Donation Through Mutual Funds Schemes
Development Impact Bonds
There are the different types of the investors who might invest through SSE.
Only institutional and NPOs from India can invest in not for profit entities. Non institutional investors Companies, family run foundations/trusts and HNIs are qualified to invest in the SSE as non-institutional investors. This means that all philanthropic donors such as Tata Trust, Azim Premji Foundation, Wipro Foundation, Individuals (who will invest more than INR 2 lakhs) and Corporates with CSR obligations would be allowed to make social investments through the SSE.
Conclusion: If NPO want to access the market and explore more for funding, then register on SSE, which can be BSE or NSE. Both have the same registration process, but BSE is a more easy and valuable process that can be easily understood by giving the questions and answers to the eligibility criteria. There is the mandatory registration process for NPOs and providing accurate documents as per above.
DISCLAIMER: The information provided in this article is intended for general informational purposes only and is based on the latest guidelines and regulations. While we strive to ensure the accuracy and completeness of the information, it may not reflect the most current legal or regulatory changes. Taxpayers are advised to consult with a qualified tax professional or you may contact to our tax advisor team through call +91-9871990888 or [email protected].
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ayushi25 · 7 months
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What Is The Difference Between Trust, Section-8 Company & Society?
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Trusts, Section-8 companies, and societies are different legal entities with distinct characteristics and purposes. Here are the key differences between them:
Trust:
Creation: A trust is created by a trust deed or a will, wherein a person (called the settlor) transfers property or assets to a trustee who holds and manages them for the benefit of specific beneficiaries or for a charitable purpose.
Regulation: Trusts are governed by the Indian Trusts Act, 1882.
Management: Trustees manage and administer the trust's assets and carry out its objectives. They have a fiduciary duty to act in the best interest of the beneficiaries.
Tax Benefits: Trusts can avail tax exemptions if they are registered as a charitable trust or a public charitable trust.
Perpetuity: Trusts can be created in perpetuity, meaning they can exist indefinitely.
Flexibility: Trusts offer more flexibility in terms of managing and distributing assets as per the trust deed's provisions.
2. Section-8 Company (Non-profit Company):
Creation: A Section-8 company is formed under the Companies Act, 2013, with the objective of promoting arts, science, commerce, education, social welfare, charity, religion, protection of the environment, or any other useful purpose.
Regulation: Section-8 companies are governed by the Companies Act, 2013, and the rules and regulations set forth by the Ministry of Corporate Affairs (MCA).
Management: Section-8 companies have directors who manage the company's operations, and they must comply with various reporting and governance requirements.
Tax Benefits: Section-8 companies can enjoy tax exemptions if they are registered as a non-profit organization (NPO) under Section 12A and Section 80G of the Income Tax Act, 1961.
Perpetuity: Section-8 companies can be created with a limited or unlimited duration, depending on their objectives.
Compliance: Section-8 companies have to adhere to stringent compliance requirements, including annual filings, financial audits, and board meetings.
3. Society
Creation: A society is formed by a group of individuals who come together to promote a charitable, literary, cultural, scientific, or social cause. A Memorandum of Association and Rules and Regulations govern the society's functioning.
Regulation: Societies are regulated by the Societies Registration Act of 1860.
Management: Societies are managed by a governing body or a managing committee elected from among its members.
Tax Benefits: Societies can apply for tax exemptions under Section 12A and Section 80G of the Income Tax Act, 1961, if registered as a charitable society.
Perpetuity: Societies can be created for an indefinite period, but provisions can be made for dissolution as per the society's bylaws.
Compliance: Societies have fewer compliance obligations compared to trusts or Section-8 companies, but they still need to maintain proper accounts and follow relevant regulations.
Each entity type has its own advantages and considerations, and the choice depends on the specific objectives and requirements of the organization. It is advisable to consult a legal professional to determine the most appropriate legal structure based on the organization's goals and activities.
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topcaservices · 9 months
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Starting a Business in Malappuram? Get Hassle-Free LLP Registration with CA Shehinandrasid!
Malappuram, a thriving district in Kerala, offers an excellent environment for startups. If you're planning to kickstart your business here, you're in the right place. They provides seamless LLP registration services in Malappuram, ensuring your business journey is smooth and efficient.
Why Malappuram for Your Business?
Malappuram, part of the rapidly growing state of Kerala, provides a conducive environment for various business activities. Whether you're into manufacturing, services, or product sales, Malappuram offers all the facilities needed to run a successful venture.
Documents Needed for LLP Registration:
To initiate LLP registration in Malappuram, you'll require:
- ID proof of all Directors/Partners (Aadhar Card, Voter Card, Driving License, or Passport)
- PAN card of all Directors/Partners
- Address proof in the name of Directors/Partners
- Bank statement or passbook with the latest 60 days' entries
- Utility bills (electricity, mobile, gas) in the name of Directors
- Passport-size photos of Directors/Partners
Types of Company Registrations Offered:
1. Private Limited Company Registration: Quick and affordable services for startups in Malappuram.
2. One Person Company Registration:
3. LLP Company Registration:
4. Public Limited Company Registration:
5. Section 8 (NGO) Registration:
LLP Registration Process:
1. Choose Appropriate Company Name: Select a unique company name and apply for name reservation.
2. Documents & Form Preparation: Submit the necessary documents for LLP registration.
3. DSC & DIN Generation: Obtain Digital Signature Certificates (DSC) and Director Identification Numbers (DIN) for all directors.
4. Form Filing: Complete the company incorporation process by filing the required forms.
What CA Shehinandrasid company Provides with LLP Registration:
- Company Name Reservation
- Director Identification Number
- Company Incorporation Certificate
- Digital Signature Certificate
- MOA (Memorandum of Association)
- AOA (Articles of Association)
- Company PAN & TAN
- Chartered Accountant Support
Why Choose CA shehinandrasid:
- Super Fast Service
- Affordable Prices
- On-Time Delivery
- Security & Trust
- Professional Experts
- Guaranteed Service
- Quality Service
- Money-Back Guarantee
Other Services Offered in Malappuram:
- Private Limited Company Registration
- One Person Company Registration
- Public Limited Company Registration
- Producer Company Registration
- Partnership Firm Registration
- NGO Registration
- GST Registration
- Trademark Registration
- Copyright Registration
- ISO Certification
- IEC Certification
- Food License (FSSAI) Registration
- MSME Udyog Aadhaar Registration
- 12A 80G Registration
- Director KYC Verification
- GST Return Filing
- Income Tax Return Filing
- Digital Signature Certificate
- Chartered Accountant Consultation
- FCRA Registration
Why Wait? Start Your Business Journey with CA shehinandrasid Today!
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ngopartner · 10 months
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Tax Exceptions for NGOs: A Crucial Support for Social Impact
Non-governmental organizations (NGOs) play a vital role in addressing social, environmental, and economic challenges across the globe. Operating without the profit motive, they rely heavily on donations and grants to sustain their operations and fulfill their missions. In this context, tax exemptions offered by governments play a crucial role in supporting their activities and enabling them to maximize their impact.
In India, the Income Tax Act provides two key provisions for tax exemptions to NGOs: Section 12A and Section 80G.
Understanding Section 12A:
Section 12A grants tax exemption to NGOs on income earned from voluntary contributions, including donations, grants, and membership fees. This provision incentivizes NGOs to focus on their charitable activities without being burdened by tax liabilities. To avail this benefit, NGOs must register with the Income Tax Department through Form 10A and comply with specific regulations. This online application process, apply 12a registration online, is convenient, transparent, and efficient.
Significance of Section 80G:
While Section 12A benefits NGOs directly, Section 80G indirectly aids their fundraising efforts by allowing donors to claim tax deductions on their contributions. This provision acts as a valuable incentive, encouraging individuals and organizations to donate generously to NGOs engaged in various social causes. To enable donors to avail this benefit, NGOs must register under Section 80G through apply 80g registration online.
Combined Impact of 12A and 80G:
Obtaining both 12A and 80G registrations offers several benefits to NGOs:
Financial sustainability: Tax exemptions and increased donations ensure financial stability for NGOs, allowing them to concentrate on their core activities without financial constraints.
Enhanced credibility: These registrations serve as a mark of legitimacy, boosting the public's trust and confidence in the NGO's activities.
Increased funding: Easier access to government grants and wider public support due to tax benefits leads to increased funding for NGOs, enabling them to expand their reach and impact.
Transparency and accountability: Compliance with regulations associated with these registrations promotes transparency and accountability in the organization's operations.
Streamlining the Registration Process:
In recognition of the importance of these registrations, the Indian government has facilitated a simplified online process for both 12A and 80G applications. This user-friendly platform, accessible 24/7, allows NGOs to submit their applications electronically, saving time and effort. This initiative promotes transparency and efficiency while encouraging more NGOs to register and avail the benefits.
Conclusion:
Tax exemptions under Section 12A and Section 80G are vital tools for strengthening the social impact of NGOs in India. These provisions provide much-needed financial support and incentivize individuals and organizations to contribute generously. By simplifying the online registration process, the government has made it easier for NGOs to benefit from these provisions and maximize their positive impact on society.
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dmsachin · 1 year
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OVERVIEW OF 12A And 80G Registration
Only NGOs and Charitable Organizations fulfilling the following conditions can apply for12A and 80G Registration:
They must not generate income from a business.
They must be either a charitable trust or a registered society.
These organizations must not utilize their assets or income for any purpose other than charity.
They must maintain a regular book of accounts detailing their receipts and expenses. maintained by them.
The trustees or governing body of the organization must not derive any undue benefits from these funds.
They must not work for the exclusive benefit of any specific caste or religion.
In the case of business-related income, the organization must maintain a separate book of accounts. However, donations received by the NGO cannot be used for such businesses.
An NGO must apply for 12A and 80G Registration immediately after its incorporation.
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startupfin · 1 year
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Empowering Nonprofits: The Importance of 12A and 80G Registration
 Nonprofit organizations play a crucial role in addressing societal issues, driving positive change, and making a difference in the lives of those in need. To support their noble endeavors, the Government of India offers a framework for nonprofit registration under sections 12A and 80G of the Income Tax Act. In this article, we'll delve into the significance of 12A and 80G registration and how it empowers nonprofits to continue their vital work.
Understanding 12A Registration:
Section 12A registration is a fundamental step for nonprofits seeking to enjoy tax exemptions on their income. It grants them legal recognition as charitable or religious institutions. This registration allows them to receive tax-deductible donations and ensures that they are not subjected to income tax on their earnings.
Key Benefits of 12A Registration:
Tax Exemptions: 12A registration ensures that the nonprofit's income is exempted from taxation, enabling them to utilize their resources more effectively for their charitable activities.
Attracting Donors: Donors are more likely to contribute to organizations with 12A registration, as donations to such nonprofits are eligible for tax deductions under Section 80G.
Long-term Sustainability: Nonprofits with 12A registration can focus on their mission without worrying about tax liabilities, allowing them to plan and execute their initiatives more effectively.
Understanding 80G Registration:
Section 80G registration is an additional boon for nonprofits. It allows donors to claim deductions on their taxable income for contributions made to registered nonprofits. This incentivizes individuals and corporations to support charitable causes.
Key Benefits of 80G Registration:
Increased Donor Support: Donors are more likely to contribute when they can benefit from tax deductions, encouraging a culture of philanthropy.
Financial Stability: Nonprofits with 80G registration can attract a broader base of donors, ensuring a consistent stream of funding for their projects.
Transparency: 80G registration necessitates adherence to financial transparency and accountability, instilling trust among donors.
The Registration Process:
Eligibility: Nonprofit organizations, trusts, or institutions engaged in charitable activities are eligible to apply for 12A and 80G registration.
Application: Nonprofits can apply for these registrations through an online application process or by submitting physical forms to the tax department.
Document Verification: The application includes details about the organization's activities, financial statements, and audited reports. The tax department verifies the authenticity and compliance of the organization.
Certificate Issuance: Upon approval, the nonprofit receives 12A and 80G registration certificates, enabling it to enjoy the associated tax benefits.
In conclusion, 12A and 80G registration play a pivotal role in fostering the growth and sustainability of nonprofit organizations. These registrations not only provide financial relief but also instill confidence in donors, creating a win-win situation for those striving to make the world a better place through their charitable work.
"12a and 80g Registration Online12a and 80g Registration"
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12A & 80G Registration Online
The income of an organization is exempted from Income Tax if an NGO has 12AB registration. If an organization has obtained certification under section 80G of the Income Tax Act, then donors of that NGO can claim exemption from Income Tax. Application for registration under sections 12AB and 80G can be applied just after the registration of NGO. 
Application for registration under 80G and 12AB can be applied together or it can be applied separately. If an organization wants to apply for both registrations separately, then an application for registration u/s 12AB would be applied first. Getting 12AB registration is mandatory for application of registration u/s 80G of the Income Tax Act, 1961.
Requirements of registration u/s 12AB & 80G
The organization must be a registered NGO
Registration u/s 80G can be applied only after Section 12AB registration
NGO should not have any income generated from a business
The organisation must maintain a regular book of accounts in favor of their receipts and expenses
READ MORE about 12A & 80G Registration Online
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corpbizlegal · 1 month
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How 80G and 12A Registration Can Transform Your NGO’s Tax Strategy
In the ever-evolving landscape of non-profit organizations, optimizing your tax strategy is crucial for sustainability and growth. For NGOs in India, securing 80G and 12A registration is a game-changer, offering significant tax benefits that can enhance your fundraising efforts and overall financial health. This blog explores how these registrations can transform your NGO’s tax strategy, with a focus on the 12A and 80G registration process online, how to online apply for 12A and 80G, the importance of the 80G certificate for trust, and the associated 12A and 80G registration fees.
1. Understanding the Importance of 12A and 80G Registration
For NGOs, obtaining 12A and 80G registration is more than just a regulatory requirement—it’s a strategic move that can open doors to numerous financial benefits. 12A registration allows your NGO to be exempt from paying income tax on its surplus income, provided the funds are used for charitable purposes. On the other hand, 80G registration enables your donors to claim tax deductions on their donations, making your organization more attractive to potential contributors.
This dual benefit not only enhances your NGO’s financial stability but also positions your organization as a credible and tax-compliant entity, which is crucial for long-term sustainability.
2. Navigating the 12A and 80G Registration Process Online
The 12A and 80G registration process online has been streamlined by the government to make it more accessible for NGOs across the country. By applying online, your organization can expedite the registration process and ensure compliance with the latest regulations. To start the process, you need to gather essential documents, including your NGO’s incorporation certificate, PAN card, and audited financial statements. After submission, the authorities will review your application, and upon approval, your NGO will be granted the 80G certificate for trust and the 12A registration.
Navigating this process efficiently can save your NGO valuable time and resources, allowing you to focus more on your charitable activities.
3. How to Online Apply for 12A and 80G: A Step-by-Step Guide
Applying for 12A and 80G registration has never been easier, thanks to the government’s online portal. Here’s a step-by-step guide to help your NGO successfully apply:
Create an Account: Visit the official income tax e-filing portal and create an account for your NGO.
Fill in the Application Form: Complete the necessary forms (Form 10A for 12A and Form 10G for 80G) with accurate details about your organization.
Upload Required Documents: Attach the necessary documents, including your NGO’s incorporation certificate, PAN card, and audited financials.
Submit the Application: Once all details are filled in and documents uploaded, submit the application online.
Track Application Status: After submission, you can track the status of your application on the portal.
Completing this process correctly is essential to securing your 80G certificate for trust and obtaining tax exemption under 12A registration.
4. Maximizing Tax Benefits While Minimizing 12A and 80G Registration Fees
While the benefits of 12A and 80G registration are substantial, it’s important to be mindful of the associated 12A and 80G registration fees. Fortunately, these fees are relatively minimal compared to the long-term tax benefits your NGO will receive.
The fees typically cover administrative costs and processing charges, but they are a small price to pay for the potential to attract more donors and ensure your NGO’s income is tax-exempt. By maximizing these tax benefits, your NGO can allocate more funds towards its core mission, driving greater impact and achieving your charitable goals more efficiently.
Conclusion
Securing 12A and 80G registration is a vital step for any NGO looking to optimize its tax strategy and attract more donors. By understanding the 12A and 80G registration process online, knowing how to online apply for 12A and 80G, and managing the 12A and 80G registration fees, your NGO can transform its financial strategy, ensuring long-term sustainability and growth. With the right approach, these registrations can be a catalyst for positive change, empowering your organization to do more good in the world.
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companyshurukaro · 1 year
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12a and 80g Registration - Process, Documents
Introduction
12A and 80G registration are two important tax registrations for Indian charities that allow them to access certain exemptions from the Income Tax Act. 12A allows a charitable institution to be eligible for exemption from income tax while 80G permits donors of such organizations to claim deductions on their donations. These registrations provide several advantages such as allowing organisations to avail various kinds of tax benefits, risk mitigation and compliance with legal requirements. The process of obtaining these registrations is both time-consuming and tedious but it is essential in order to ensure smooth functioning of the organization. With this guide, we aim to make the process easier by providing step-by-step instructions on how to apply for 12A or 80G registration as well as details about its various benefits.
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Requirements for 12A Registration
Eligibility Criteria for 12A Registration: In order to apply for a 12A registration, the organisation must be a charitable or religious trust/society registered under the Indian Trusts Act of 1882 or any other law that applies in India. Furthermore, it should have been set up with an intention to promote charitable activities and not be engaged in carrying out any commercial activity.
Registration Process: After submitting all relevant documents along with your application form, you will receive an acknowledgement letter from income tax department confirming that your request has been received. You will then need to submit Form 10G which is used by IT department officials to inspect your organization’s premises before they can grant approval for taxation purposes. Once this step is completed successfully, you will receive an official letter granting permission for availing exemption from income tax under Section 11(
(a) as per Rule 21AAB(. This document must be renewed every 5 years in order to continue enjoying exemptions provided under Section 11((a).
Requirements for 80G Registration
Eligibility Criteria for 80G Registration: In order to be eligible for an 80G registration, the organisation must be a charitable or religious trust/society registered under the Indian Trusts Act of 1882 or any other law that applies in India. Furthermore, it should have been set up with an intention to promote charitable activities and not be engaged in carrying out any commercial activity.
Registration Process: After submitting all relevant documents along with your application form, you will receive an acknowledgement letter from income tax department confirming that your request has been received. You will then need to submit Form 10B which is used by IT department officials to inspect your organization’s premises before they can grant approval for taxation purposes. Once this step is completed successfully, you will receive an official letter granting permission for availing deductions under Section 80G(
(vi) as per Rule 11AAB(. This document must be renewed every 5 years in order to continue enjoying deductions provided under Section 80G((vi).
Required documents for 80G & 12A registration online?
The details & documents required for 80G & 12A registration are-
The applicant's Income Tax Portal login ID and password
A copy of the applicant's PAN card 
The applicant's contact information (mobile number and e-mail ID)
Nature of the applicant's activity 
Copy of the applicant's registration certificate 
Trust deed along with the applicant's MOA
List of the applicant's items or modified objects, if any
The details of DARPAN registration, if the applicant is registered on the DARPAN portal; 
The details of FCRA registration, if the applicant is registered under this Act.
Settlor/trustee/members of the trust/charitable institution details such as PAN, Aadhar number, address, mobile number, and e-mail ID 
Financial statements since foundation/previous three years
A self-certified copy of any existing registration under Section 80G, if any
A self-certified copy of any existing registration under sections 12A, 12AA, or 12AB, as applicable.
Benefits of 12A and 80G Registration
Tax Benefits: The 12A and 80G registrations provide several tax benefits to registered organisations. The 12A registration allows the organisation to avail exemptions from income tax, while the 80G registration permits donors of such organisations to claim deductions on their donations. This means that donors can reduce their taxable income by the amount they donate which in turn reduces their tax liability. Additionally, it also helps in attracting more donations as many people are willing to donate if it gives them a financial benefit or advantage.
Risk Mitigation and Advantages of Compliance: These registrations ensure that all activities undertaken by the charitable organization are compliant with legal requirements. As a result, not only does this help mitigate any potential risks associated with non-compliance but also provides assurance to stakeholders about the legitimacy of its operations and activities. Furthermore, having these registrations is important for building trust among donors which can be beneficial for fund-raising efforts as well as increasing visibility and credibility for an organization within its respective sector or industry.
Process of Filing Returns
The process of filing returns is an important aspect of the taxation system and it must be done timely in order to avoid any penalties or legal hassles. As such, it is essential to understand the various documents and requirements needed for filing returns as well as the deadlines associated with them.
Required Documents: Depending on your tax slab, you will need to submit certain documents along with your return form which are required for verification purposes. These include proof of income such as salary slips, bank statements/passbooks indicating investments made throughout the financial year, details about capital gains from sale of assets etc. Additionally, if you have received any reimbursement from your employer then you will also need to provide relevant receipts and bills in order to claim deductions under section 80C or other applicable sections.
Submission of Returns: Once all necessary documents are collected, they can be uploaded onto the e-filing portal provided by Income Tax Department (ITD) where one can file their taxes electronically using a digital signature. Alternatively, individuals may also opt for manual submission where they must fill out Form 2A or Form 3CA depending on their status and submit it at their respective ITD office within due date i. e 31st July every year (for both salaried employees and self-employed individuals).Deadlines for Filing Returns: The deadline for filing returns varies according to different categories; salaried employees must do so before 31st July while those who fall under presumptive tax scheme have until 30th September every year. Furthermore, taxpayers who receive income from sources like house property rental income should file their return either on or before 31st March after end of assessment year whereas those earning foreign remittances need not file unless there’s a specific requirement mentioned in law books applicable in India (such as Section 115E).
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The Impact of 12A and 80G Registration
The 12A and 80G registrations have a positive impact on charitable organisations as they provide several tax benefits to registered organisations. Firstly, the 12A registration allows the organisation to avail exemptions from income tax, while the 80G registration permits donors of such organisations to claim deductions on their donations. This means that donors can reduce their taxable income by the amount they donate which in turn reduces their tax liability. Additionally, it also helps in attracting more donations as many people are willing to donate if it gives them a financial benefit or advantage.
Furthermore, these registrations ensure that all activities undertaken by the charitable organisation are compliant with legal requirements. As a result, not only does this help mitigate any potential risks associated with non-compliance but also provides assurance to stakeholders about the legitimacy of its operations and activities. Moreover, having these registrations is important for building trust among donors which can be beneficial for fund-raising efforts as well as increasing visibility and credibility for an organization within its respective sector or industry.
Finally, registering under 12A and 80G makes filing returns easier since all necessary documents can be uploaded onto the e-filing portal provided by Income Tax Department (ITD). This eliminates time consuming paperwork associated with manual submissions making filing taxes much faster and efficient process than before thus saving valuable resources like money & energy while eliminating potential errors due to manual entry of data into forms etc.
Conclusion
In conclusion, it is evident that registering an organization under 12A and 80G can provide a wide range of tax benefits to both the charity itself as well as donors. It helps in promoting charitable activities by providing exemptions from income tax while also allowing donors to claim deductions on their donations thus reducing their overall taxable income. Moreover, having these registrations ensures compliance with legal requirements which not only helps avoid potential risks associated with non-compliance but also builds trust among stakeholders regarding the legitimacy of its operations and activities. In addition, filing returns becomes easier due to the availability of e-filing portal provided by ITD making taxation process faster and efficient than manual submissions. Therefore, it is important for all organizations involved in charitable activities to register themselves under 12A and 80G registrations in order to avail these benefits.
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estartindia19 · 1 year
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neusource-blog · 2 years
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Charitable trust registration Process in India
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The process of registering a trust with the appropriate government body for philanthropic purposes is known as charity trust registration. This often entails providing the agency with supporting documentation, including the trust deed, information on the trustees and beneficiaries, and proof of the trust's charitable endeavours. Once the trust is registered, it may qualify for specific tax advantages and be able to accept donations that the contributors can deduct from their taxes. The procedure and prerequisites for registering a charity trust differ based on the jurisdiction.
The Indian Trusts Act, 1882, in India, governs the procedure for registering a charitable trust in India. The steps in the procedure are as follows:
1. Drafting of the trust deed: The trust deed is a legal document that outlines the objectives and rules of the trust. It should be drafted by a lawyer and should include details such as the name of the trust, its objectives, the names of the trustees, and the rules for managing the trust's property.
2. Execution of the trust deed: The trust deed needs to be signed by the settlor (the person who creates the trust) and the trustees.
3. Filing of the trust deed: The trust deed needs to be filed with the Registrar of Trusts in the state where the trust is located.
4. Obtaining a PAN and TAN: The trust will need to obtain a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) from the Income Tax Department.
5. Obtaining a 12A and 80G registration: The trust can apply for 12A registration which grants it exemption from income tax and 80G registration which grants it tax exemption for donations made to it.
6. Obtaining FCRA registration: If the trust plans to receive foreign donations, it needs to obtain registration under the Foreign Contribution Regulation Act (FCRA).
7. Obtaining 80G and 12A certificate:
Please note that the process may vary slightly depending on the state you are located in, and it is always advisable to consult a lawyer or a professional to assist you with the process.
You have decided to register your charitable trust name. But you are not sure if it is the right decision to register your charitable trust in India. To ensure that you make the right decision, you can consult NeuSource experienced legal professionals who can guide and help you in making the charitable trust registration-related processes smooth, simpler and easier.
Email Id [email protected] and Phone Number 7305145145.
The NeuSource Startup Minds is the finest business startup consultant that offers various services of registration like Proprietorship Firm Registration, Partnership Firm Registration, LLP Registration, Company Registration, GST Registration, Copyright Registration, ISO Registration, OPC Registration, Trademark registration, and other FSSAI License, etc.
website- https://www.neusourcestartup.com/blog/charitable-trust-registration-process-in-india
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