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MSME, startups and registrations · Startups, trusts and NGOs

How does a trust, society or Section 8 company get registration for tax exemption and 80G approval (now section 354)?

Short answer

A charitable trust, society or Section 8 company is tax-exempt only after registration under the old section 12A or 12AB (now section 332). A new one first gets provisional registration for three years. Approval under section 80G (now section 354) lets donors claim a deduction (now section 133). It must apply 85% of its income to its objects, get its accounts audited, and file ITR-7 and donation statements.

Choosing the form

Trust Society Section 8 company
Law Indian Trusts Act or state law (for public trusts) Societies Registration Act, as adopted by the state Companies Act, 2013
Formed by Trust deed, registered with the sub-registrar Memorandum and rules, registered with the Registrar of Societies Licence from the Registrar of Companies, through SPICe+
Members Trustees At least 7 members At least 2 (private)
Governance Trust deed Governing body Board of directors; Companies Act compliance
Credibility with donors and CSR Good Good Often preferred

Registration under any of these laws does not by itself give tax exemption.

Income-tax registration

Stage Form Validity
Provisional registration, for a new organisation Form 10A 3 years
Regular registration Form 10AB, at least 6 months before the provisional one expires, or within 6 months of starting activities, whichever is earlier 5 years; 10 years for organisations with total income up to ₹5 crore in each of the two preceding years
80G approval for donors (section 80G, now section 354) Same forms, same periods Same

Under the 2025 Act these organisations are called registered non-profit organisations, and the rules are in the chapter from section 332.

Conditions to keep the exemption

  • Apply at least 85% of income to its objects in India during the year. Up to 15% can be set aside freely; more can be accumulated for up to 5 years for a stated purpose, with the form filed in time.
  • Business activity is allowed only within limits, especially for organisations working for the advancement of general public utility.
  • No benefit to trustees, founders or their relatives.
  • Donations: anonymous donations above the limits are taxed at 30%.

Annual compliance

  • Audit report by a Chartered Accountant, filed one month before the return due date.
  • ITR-7 by 31 October.
  • Statement of donations received by 31 May, and donation certificates to donors, so that they can claim the deduction under section 80G (now section 133).
  • FCRA registration before receiving any foreign contribution.
  • CSR-1 registration with MCA to receive CSR funds from companies.

Legal basis

  • Sections 11, 12A, 12AB and 80G, Income-tax Act, 1961, now the provisions on registered non-profit organisations (from section 332) and section 133, Income-tax Act, 2025
  • Section 8, Companies Act, 2013

Official sources

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