12A vs 80G: Understanding the Difference
| Aspect | Section 12A / 12AB | Section 80G |
|---|---|---|
| Purpose | Tax exemption for the NGO/Trust itself | Tax deduction benefit for donors |
| Who benefits? | The charitable organization — no tax on surplus | Donors — 50% of donation is deductible from taxable income |
| Prerequisite | None — apply directly after NGO formation | Must have 12A/12AB registration first |
| Validity (post-2021) | 5 years (renewable); new NGOs get provisional 3-year | 5 years (renewable) |
| Application Form | Form 10A (new) / Form 10AB (renewal) | Form 10A (combined with 12A application) |
Who Can Apply for 12A & 80G?
Charitable Trusts
Public charitable trusts registered under state trust laws (Pondicherry Trust Act / Indian Trusts Act).
Registered Societies
Societies registered under the Societies Registration Act or Pondicherry Societies Act working for charitable/educational purposes.
Section 8 Companies
Non-profit companies incorporated under Section 8 of the Companies Act, 2013 for charitable objectives.
Religious & Educational
Temples, churches, mosques, schools and colleges that also carry on charitable activities can apply (with restrictions on 80G for religious trusts).
Documents Required
Entity Documents
- Trust Deed / MOA & Rules / Certificate of Incorporation
- PAN Card of the organization
- Registration certificate from state authority
- List of trustees / directors / governing body members with PAN & Aadhaar
- Bank account statement of last 3 years (or since inception)
Financial & Activity Documents
- Audited accounts / financial statements (last 3 years)
- ITR acknowledgements filed (if applicable)
- Activity report / annual report showing charitable work
- Address proof of registered office
- Self-declaration of charitable purpose and objects
Registration Process (Post Finance Act 2023)
Incorporate as a Public Charitable Trust, Registered Society or Section 8 Company. Obtain PAN for the entity. Open a dedicated bank account in the organization's name.
Submit Form 10A on the Income Tax e-filing portal for provisional 12A and 80G registration. Upload all required documents — trust deed, PAN, activity details, accounts and address proof.
The Principal Commissioner of Income Tax (Exemptions) examines the application and documents. May call for additional information or clarifications within 1 month of filing.
Provisional 12A and 80G registration granted — valid for 3 years from the first assessment year. The NGO can now operate tax-free and donors can claim deductions immediately.
Before expiry of provisional registration, file Form 10AB for regular 5-year registration. This requires submission of audited accounts, activity reports and proof of charitable activities over the provisional period.
Frequently Asked Questions
Get Tax Benefits for Your NGO or Trust
12A and 80G registration makes your organization credible to donors and helps you fundraise more effectively. Our team handles the complete application on the Income Tax portal for NGOs, Trusts and Section 8 Companies in Pondicherry.