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Company law & NGO compliance

12A and 80G registration, explained without the jargon.

Two different approvals that most NGOs and trusts need, doing two different jobs — one exempts the entity's own income, the other gives its donors a tax deduction. Here's the difference, the current process, and what practicing CAs should watch for.

  • Reviewed July 2026
  • 7 min read
  • CA Anil Agarwal & the TatvaBooks team

What 12A and 80G registration actually mean

Both are approvals granted by the income-tax authorities to a charitable trust, society or Section 8 company — but they exempt two different people.

  • 12A registration exempts the NGO or trust's own income from tax, provided it applies its income to charitable or religious purposes and meets the other conditions attached to the exemption (books of account, audit where applicable, restrictions on commercial activity, and so on). Without 12A, a trust's surplus is taxed like any other entity's — the charitable purpose of its objects doesn't by itself exempt it.
  • 80G registration doesn't exempt the NGO at all. It gives the NGO the ability to issue its donors a certificate that lets the donor claim a deduction against their own taxable income (individual, firm or company). An NGO without 80G can still be fully tax-exempt under 12A — it just can't offer its donors a tax break, which in practice makes fundraising harder, especially from corporates running CSR budgets.

The two are commonly applied for together, and 80G approval generally requires a valid 12A (or equivalent) registration already in place — confirm the current sequencing and any recent procedural changes on the income-tax portal before you file, since this is an area the department has revised more than once.

12A vs 80G — the difference at a glance

12A 80G
Who it exempts The NGO/trust itself — its own income is exempt from tax, subject to conditions (application of income, etc.). The donor — a person who donates to the NGO can claim a deduction on their own taxable income.
What you're registering Registration of the trust/institution as a genuine charitable entity. A separate approval that lets the entity issue donors a valid deduction certificate.
Can you have one without the other? Yes — many trusts hold only 12A and never apply for 80G. No — 80G approval is generally only available to entities that already hold a valid 12A (or equivalent) registration.
Who benefits directly The organisation (no tax on its surplus, subject to conditions). The donor (lower personal/corporate tax bill), which indirectly helps the organisation raise funds.
Filed with Income-tax authorities, via the prescribed online form on the income-tax portal. Same portal, same broad process, as a linked but distinct application.

Provisional vs regular registration under the current regime

The current income-tax framework for charitable registration works on a two-stage model, replacing the older one-time-and-permanent approach:

  • Provisional registration — granted to a trust that is newly formed, or has not yet started charitable activities, without the department examining actual activities on the ground. It's a starting gate, valid for a limited initial period, not a long-term status.
  • Regular (final) registration — applied for once the trust has actually commenced activities, typically supported by activity reports, financial statements and evidence that the entity is doing what its objects say it will do. This is the registration a mature, operating NGO should be holding.

Both 12A and 80G follow this provisional-then-regular pattern, and both regular registrations now carry a fixed validity period with a renewal requirement — a real change from the "grant once, valid forever" position under the older law. We're deliberately not quoting the exact number of months for provisional validity or years for regular validity here, because these are precisely the kind of figures that get amended by Finance Acts and CBDT notifications. Verify current timelines and form numbers on the income-tax e-filing portal or with a recent circular before advising a client or calendaring a deadline.

The process, in plain steps

The mechanics are broadly the same for a fresh application, conversion from provisional to regular, or renewal — file the applicable form online through the income-tax portal, attach the trust deed / registration certificate, PAN, activity and financial details, and respond to any departmental query before the order is passed.

  1. Confirm the entity is validly constituted (trust deed, society registration, or Section 8 company incorporation) and holds a PAN.
  2. File the 12A application first (or jointly with 80G, per current portal workflow) with the required attachments.
  3. Once 12A is in place — provisional or regular — file the 80G application referencing it.
  4. If provisional was granted, track the date by which regular registration must be applied for, and prepare the activity/financial evidence in advance.
  5. Diarise the renewal date for regular registration well ahead of expiry — this is not a "file and forget" approval.

Because exact form numbers, attachment lists and validity periods change, treat the steps above as the framework and cross-check the current specifics on the income-tax portal each time you file.

Practical notes for a practicing CA

  • Don't let clients confuse the two. A donor asking "is this NGO tax-exempt?" usually means "can I get a deduction?" — that's 80G, not 12A. Explain both when onboarding an NGO client.
  • CSR-funded donors will insist on a live 80G certificate before releasing funds, and often ask for the registration order/URN as proof. A lapsed or expired 80G quietly kills a fundraising pipeline — check validity before every large donation cycle, not just at renewal time.
  • Provisional registration has a shelf life. Flag the conversion-to-regular deadline the day provisional registration is granted, not close to expiry — gathering activity evidence takes time if the trust hasn't been tracking it.
  • Keep the 12A and 80G renewal dates on the same compliance calendar as GST, TDS and ROC due dates for the entity — NGOs often treat income-tax registration as a one-time event and miss the renewal because nobody owns the tracker.
  • Books and audit conditions attached to 12A exemption (proper books, audit where the entity crosses the applicable income threshold, restrictions on accumulation and application of income) are separate from the registration itself — exemption can be denied for a year even with valid 12A/80G if these conditions aren't met, so don't treat registration as the end of the compliance work.

Where TatvaBooks fits

If you run a CA practice managing several NGO or trust clients, the actual accounting work — books that satisfy the application-of-income conditions, a clean audit trail, and financial statements ready when a regular-registration or renewal application needs them — sits in the same ledger as your other clients' GST and TDS compliance. Our practice plan gives a firm one place to track every client's statutory dates, including registration renewals, alongside their books.

See the pricing page for plan details, or book a CA-focused demo if you want to see the practice workflow directly.

Frequently asked questions

What is the difference between 12A and 80G registration?
12A registration exempts the trust or NGO's own income from tax, subject to conditions such as applying a prescribed proportion of income to charitable objects. 80G registration is a separate approval that lets donors claim a deduction on their own taxable income for donations made to that entity. 12A benefits the organisation; 80G benefits — and therefore attracts — its donors. An entity almost always needs 12A in place before it can get 80G.
Can a trust apply for 80G without 12A?
In practice, no. 80G approval is contingent on the entity already holding a valid registration under the income-tax exemption provisions (12A or its equivalent). Most NGOs apply for both together at formation, or apply for 12A first and follow immediately with 80G. Always confirm the current sequencing requirement on the income-tax portal before filing, since the exact form and process are updated periodically.
What is provisional registration and how is it different from regular registration?
Under the current regime, a newly formed or not-yet-commenced-activity trust is typically granted provisional registration first, valid for a limited initial period. Once the trust has actually started charitable activities, it must apply for regular (final) registration, generally supported by activity reports and financials. Provisional registration is a starting gate, not a permanent status — treat it as a checklist item with its own follow-up deadline, and verify current validity periods on the income-tax portal, as these have changed more than once.
How often does 12A and 80G registration need to be renewed?
Under the current regime, both regular registrations are granted for a fixed validity period and must be renewed before expiry, rather than being one-time and permanent as they were under the older law. Because the exact validity period and renewal window are the kind of detail that gets amended, we deliberately don't quote a specific number of years here — confirm the current cycle on the income-tax portal or with the department before you calendar the renewal date.
What happens if 12A or 80G registration lapses?
If regular registration is not renewed in time, the entity risks losing its tax-exempt status going forward (12A) and its ability to issue valid donor deduction certificates (80G) — which can also disrupt donor trust and CSR eligibility, since many corporate donors require a live 80G certificate before releasing funds. Track the renewal date the same way you'd track any other statutory due date, well before expiry, not after.

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