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Home » Section 12A Registration Renewal for Trusts, NGOs, and Charitable Institutions (Updated for Budget 2025-26)

Section 12A Registration Renewal for Trusts, NGOs, and Charitable Institutions (Updated for Budget 2025-26)

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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

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.

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