NGO Compliance in India

Q: Can an NGO survive without doing annual compliances?

No, NGOs must complete all annual compliances to maintain legal status, avoid penalties, and continue receiving tax benefits and funding.

Q: Is an audit compulsory for all NGOs?

Yes, an audit is mandatory for any NGO registered under 12A or FCRA, or if its total income exceeds the basic tax exemption limit for the financial year.

Q: What is the difference between a Trust, a Society, and a Section 8 Company?

A Trust is governed by the Indian Trusts Act, a Society by the Societies Registration Act, and a Section 8 Company by the Companies Act; each has unique compliance and reporting requirements.

Q: Do NGOs need to file returns even if they have no income?

Yes, NGOs must file annual returns regardless of income to comply with the law and maintain registration.

Q: How can an NGO apply for 12A and 80G registrations?

Here’s how an NGO can apply: Step 1: NGO Formation and Registration Register your NGO as a Trust, Society, or Section 8 Company to become eligible for 12A and 80G. Step 2: Document Collection Gather essential documents such as PAN, registration certificate, bylaws, financial statements, and activity reports. Step 3: Application Preparation Prepare Form 10A (for 12A) and Form 10G (for 80G) with accurate details and supporting documents. Step 4: Application Submission Submit the completed forms online through the Income Tax Department’s portal using a registered digital signature. Step 5: Review and Inspection The Income Tax Department may review your application and request clarifications or conduct a field inspection. Step 6: Registration Decision Based on the review, the Commissioner grants or rejects the 12A and 80G registrations. Step 7: Registration Intimation Upon approval, you'll receive registration certificates valid for a specified period, subject to periodic renewal.

Q: Is FCRA registration mandatory for receiving foreign donations?

Yes, FCRA registration is compulsory for any NGO that wishes to legally receive and utilize foreign contributions in India.

Q: What is the penalty for late filing of FCRA returns?

Late filing of FCRA returns can attract penalties up to 5% of the foreign contribution received and may also risk suspension of FCRA registration.

Q: Are NGOs required to maintain a compliance manual?

While not mandatory by law, maintaining a compliance manual for NGO operations is highly recommended for streamlining processes and ensuring all statutory requirements are met.

Q: What documents are needed for annual compliance?

Key documents include the registration certificate, PAN, audited financials, annual report, minutes of meetings, and, for Section 8 Companies, ROC filings and statutory registers.

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Frequently Asked Questions (FAQs)

What is the last date to file ITR for an NGO?

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The last date to file ITR for most NGOs is 31st July if audit is not required, and 30th September or 31st October if audit is required, for the relevant assessment year.

Can an NGO survive without doing annual compliances?

Is an audit compulsory for all NGOs?

What is the difference between a Trust, a Society, and a Section 8 Company?

Do NGOs need to file returns even if they have no income?

How can an NGO apply for 12A and 80G registrations?

Is FCRA registration mandatory for receiving foreign donations?

What is the penalty for late filing of FCRA returns?

Are NGOs required to maintain a compliance manual?

What documents are needed for annual compliance?

Can an NGO change its objectives after registration?

How does an NGO report CSR funds received?

What is the penalty for not filing ROC returns for NGOs?

How often should an NGO conduct an internal audit?

Why Choose Registerkaro for Your NGO Compliance?

Selecting the right compliance partner can make a significant difference in managing your NGO compliance checklist and ensuring peace of mind. That’s where RegisterKaro comes in:

NGO Law Experts: Our team specializes in FCRA, CSR, GST, TDS, and other NGO-specific laws, offering tailored legal and financial advice.
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Dedicated Support: Our experts are always available to answer your queries and guide you through every step of compliance.

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