
By CA Mohan Patel
The Union Budget 2025-26 has introduced significant amendments affecting charitable trusts, NGOs, and other institutions under the Income Tax Act, 1961. These changes streamline compliance, extend registration validity, and enhance financial transparency for tax-exempt organizations.
This guide provides a detailed step-by-step process for 12A registration renewal, updated with the latest amendments, compliance requirements, and FAQs to ensure a smooth renewal process for charitable institutions.
1. Understanding the Need for 12A Registration Renewal
Previous Rules:
- 12A registration was a one-time process with lifetime validity.
- The Finance Act, 2020 introduced Section 12AB, requiring periodic renewal to continue availing tax exemptions.
Who Needs to Apply for Renewal?
- Any trust, NGO, or charitable institution previously registered under Section 12A or 12AA.
- Entities with provisional registration (valid for 3 years).
- Organizations receiving donations and allowing donors to claim tax benefits under Section 80G.
When to Apply for Renewal?
- As per Rule 17A, renewal must be applied for at least 6 months before expiry of the current registration.
2. Key Amendments in Budget 2025-26 Affecting 12A Registration
A. Extension of Registration Validity for Small Charitable Trusts
- Previous Rule: 5-year validity for all trusts.
- New Rule: Validity extended to 10 years for small trusts meeting the following criteria:
- Total income (excluding voluntary donations) is less than ₹5 crores in each of the two preceding financial years.
✅ Effective from April 1, 2025
✅ Applies to both new and existing registrations
B. Simplified Application Process for Renewal
- Issue: Previously, incomplete applications led to immediate rejection.
- Amendment: Now, organizations will get an opportunity to rectify errors before rejection.
✅ Prevents unnecessary cancellations
✅ Reduces the compliance burden on NGOs and trusts
C. Transition from Section 10(23C) to Section 12AB
- Budget 2025-26 has merged two tax exemption regimes:
- Section 10(23C) (applicable to educational institutions and hospitals)
- Section 12AB (applicable to other charitable trusts and NGOs)
✅ Effective from October 1, 2024
✅ Institutions under Section 10(23C) must transition to Section 12AB upon renewal
3. Step-by-Step Process for 12A Renewal
Step 1: Log in to the Income Tax Portal
- Visit Income Tax e-Filing Portal.
- Log in using the NGO’s PAN as the user ID.
Step 2: Navigate to the Application Form
- Go to e-File > Income Tax Forms > File Income Tax Forms.
- Select Form 10AB (for renewal under Section 12AB).
Step 3: Fill Out Form 10AB
Provide the following details:
✅ PAN and Registration Details of the trust
✅ Date of Incorporation
✅ Objects and Activities of the Trust
✅ Financial Statements for the Last Three Years
✅ Details of Charitable Programs Conducted
✅ Utilization of Funds with proper records
Step 4: Attach Required Documents
- Trust Deed / Constitution Documents
- Annual Financial Statements (last 3 years)
- Details of Activities Conducted
- Utilization Certificate for Funds Received
- FCRA Certificate (if applicable)
- Bank Statements to justify fund utilization
- Details of Governing Body Members
Step 5: Submit & Verify the Application
- Sign the form using Digital Signature Certificate (DSC) or Electronic Verification Code (EVC).
- Click Submit to complete the process.
4. Key Compliance Requirements for 12A Renewal
A. Minimum 85% Utilization of Funds (Section 11)
- At least 85% of total income must be used for charitable purposes annually.
- If unutilized, trusts must file Form 10 and accumulate surplus under Section 11(2).
B. Maintaining Transparency in Financial Records
- Separate ledgers for corpus and non-corpus donations.
- Categorize expenses into:
✅ Program Expenses
✅ Administrative Expenses (capped at 15-20%)
✅ Maintenance & Depreciation
C. Accounting & Auditing Requirements
- Maintain detailed records of all donations and expenditures.
- File Form 10B Audit Report if annual receipts exceed ₹2.5 lakh.
5. Addressing Administrative & Maintenance Expenses in Renewal Applications
If most donations cover administrative costs, justifying renewal can be challenging. Here’s how to strengthen your case:
A. Reclassify Administrative Costs into Program Expenses
- Salaries of staff involved in charitable programs should be recorded as program expenses.
- Rent & utilities used for charitable activities should be classified accordingly.
B. Maintain an Impact Report
- Document charitable activities with:
✅ Photographs & Testimonials
✅ Details of Beneficiaries
✅ Measurable Outcomes
C. Fundraising & Sustainability Efforts
- Secure CSR Funding, Government Grants, Crowdfunding, and Endowments.
- Present a 3-5 year sustainability plan in your renewal application.
6. Common Mistakes to Avoid in 12A Renewal Application
❌ Late Filing: Apply 6 months before expiry to avoid delays.
❌ Incomplete Documentation: Ensure all required attachments are uploaded.
❌ Excessive Admin Expenses: Keep within 15-20% of total income.
❌ Poor Fund Utilization Tracking: Maintain separate ledgers for corpus & general funds.
7. FAQs on 12A Registration Renewal (Updated for Budget 2025-26)
Q1. What is the validity of renewed 12A registration?
✅ 10 years for small trusts (income below ₹5 crore).
Q2. How long does it take for approval of Form 10AB?
✅ 3-6 months, subject to scrutiny.
Q3. Can a trust reapply if the renewal is rejected?
✅ Yes, after rectifying deficiencies.
Q4. What happens if a trust fails to file Form 10 for unutilized funds?
✅ Unutilized amounts will be taxed as per slab rates.
Q5. Can a trust operate without 12A registration?
✅ Yes, but it will lose tax exemptions, and donors cannot claim 80G deductions.
Q6. What happens if an NGO fails to utilize 85% of its income?
✅ The surplus must be accumulated under Section 11(2) or invested in permitted modes, else it becomes taxable.
8. 12A Registration Renewal Checklist (Updated for Budget 2025-26)
Before You Begin:
- Confirm your trust/NGO’s PAN is active and correct.
- Gather all documents (listed below) in digital format, ready for upload.
1. Basic Registration Documents
- Trust Deed/Constitution Document (Certified Copy)
- Previous 12A/12AA Registration Certificate
- PAN Card of the Trust/NGO
2. Financial Documents
- Audited Financial Statements (Last 3 Years)
- Income & Expenditure Account (Last 3 Years)
- Balance Sheet (Last 3 Years)
- Receipts & Payments Account (Last 3 Years)
- Form 10B (Audit Report if applicable)
3. Activity-Related Documents
- Annual Reports of Activities (Last 3 Years)
- Utilization Certificate of Funds Received
- List of Charitable Programs Conducted (with beneficiary details)
- Photographs, Testimonials, Media Coverage (if available)
4. Compliance & Legal Documents
- FCRA Certificate (if applicable)
- Bank Account Statements (Last 6 Months)
- List of Governing Body Members & Their PAN Details
- Details of Major Donors (if required under Section 80G)
5. Filing the Application on the Income Tax Portal
- Log in to the Income Tax Portal with the trust’s PAN ID.
- Navigate to e-File > Income Tax Forms > File Income Tax Forms.
- Select Form 10AB for renewal under Section 12AB.
- Complete the form with:
- Basic Details (Trust Name, Address, PAN, Date of Incorporation)
- Registration Details (Previous 12A/12AA Number, Expiry Date)
- Activities Conducted (Nature of Charitable Work, Impact Created)
- Financial Data (Total Income, Expenditure, % Utilization on Charitable Work)
6. Upload Supporting Documents
- Trust Deed, PAN Card, Governing Body Details
- Audited Financial Statements, Form 10B, Bank Statements
- Activity Reports, Utilization Certificates, FCRA (if applicable)
7. Submit & Verify Application
- Verify using DSC (Digital Signature Certificate) or EVC (Electronic Verification Code)
- Click Submit
8. After Submission: Track & Follow Up
- Check application status regularly on the Income Tax Portal.
- Respond promptly to any queries or requests for additional information from the Income Tax Department.
- Keep a copy of the submission receipt and all uploaded documents for your records.
Conclusion: Key Takeaways from Budget 2025-26 Amendments
✅ 10-year validity for small trusts reduces compliance burden.
✅ Application process simplified with a rectification opportunity.
✅ Section 10(23C) institutions must transition to 12AB.
✅ Stronger compliance on fund utilization & donor transparency.
By following these updated compliance requirements, charitable trusts and NGOs can operate smoothly while retaining tax benefits.