Kunal Darwani & Company Chartered Accountants

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NGO, Trust & Society Registration

Formation of charitable trusts, societies and Section 8 companies, and their registration under the Income-tax Act for exemption and donor deduction.

Overview

Organisations working in education, health, relief of the poor, environment and other charitable purposes can be set up as a public charitable trust, a society or a Section 8 company. Each has a different governance structure, a different level of regulatory oversight, and different acceptability with donors and CSR funders.

Registration of the entity is only the first step. To keep its income exempt from tax, and to let donors claim a deduction, the organisation must also register under the Income-tax Act. It must then keep that registration valid by filing returns, getting its accounts audited and applying its income to its objects.

How the engagement works

  1. We discuss the objects, the founders' role in governance and the expected sources of funds, and recommend the right structure.
  2. We draft the constitutional document with clear charitable objects, so that it does not cause trouble during income tax registration.
  3. We complete entity registration and then the provisional and regular income tax registrations.
  4. We set up accounting, audit and the annual return calendar, along with the NGO Darpan, CSR-1 and FCRA requirements where they apply.

From the Knowledge Centre

Trust, Society or Section 8 Company? Setting Up an NGO and Keeping Its Tax Exemption

29 September 2026 · 3 min read · CA. Reet Darwani

Founders of charitable organisations usually focus on their cause, which is how it should be. The legal structure and the tax registration still decide whether the organisation can receive grants, CSR money and donations efficiently. Here is a practical overview.

Three structures compared

Point Public charitable trust Society Section 8 company
Formed by Trust deed registered with the Sub-Registrar Memorandum and bye-laws registered with the Registrar of Societies Incorporation with MCA under a Central Government licence
Minimum persons 2 trustees (practice) 7 members (Societies Registration Act, 1860) 2 members, 2 directors
Governance Trustees, often for life Elected governing body Board of directors under the Companies Act
Regulator Charity Commissioner (in some states) / Registrar Registrar of Societies Registrar of Companies
Perception among CSR donors Acceptable Acceptable Often preferred

A trust suits a founder-led organisation that wants stable control. A society suits membership-based bodies such as associations and clubs. A Section 8 company has more compliance, but its corporate governance is familiar to corporate donors.

Income tax registration

A charitable organisation is not exempt from income tax merely because it is a trust or a society. It must register with the Income Tax Department. Under the 1961 Act, this registration was under Sections 12A/12AB for exemption and Section 80G for donors' deduction. The equivalent provisions are carried into the Income-tax Act, 2025.

  • Provisional registration is granted to a new organisation for three years. It should be obtained before the organisation starts significant activity.
  • Regular registration must be applied for at least six months before the provisional registration expires, or within six months of starting activities, whichever is earlier. It is granted for five years. Following the 2025 amendment, organisations with total income up to ₹5 crore in each of the two preceding years can get regular registration for ten years.
  • Donor deduction registration follows the same provisional-then-regular cycle.

What keeps the exemption alive

  • Application of income: at least 85% of income must be applied to the objects during the year. Any shortfall can be accumulated only for specified purposes, with prescribed filings.
  • Audit and return: the accounts must be audited, and the audit report filed before the return. The return of income must be filed by the due date.
  • No benefit to related persons: income or property must not be used for the benefit of founders, trustees or their relatives.
  • Corpus donations and anonymous donations follow special rules. Track them separately.
  • Donor statements: an organisation registered for donor deduction must file an annual statement of donations received and issue certificates to donors. Without these, donors cannot claim the deduction.
  • Business activity: trade, commerce or business is restricted, and receipts from such activity must stay within the limits in the law.

Other registrations to plan for

  • NGO Darpan (NITI Aayog) – a unique ID required for many government grants.
  • CSR-1 – required to receive CSR funds from companies. It needs income tax registration first.
  • FCRA – an organisation needs prior registration or permission to receive any foreign contribution. FCRA funds must come into the designated account at SBI's New Delhi Main Branch.

Losing an exemption usually comes from missed filings or poor record-keeping, not from the charitable work itself. Set up the compliance calendar from day one.

The information in this article reflects the law as on the date of publication and is for general guidance only.