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Income Tax : Deduction U/s 80 G of Income Tax Act 1961

Purpose

Registration under section 80G of Income Tax Act provides benefit to NGOs. If NGO has 80G certificate with them, donor gets financial benefit in his/her taxable amount of their income. If an NGO gets itself registered under section 80G then the person or the organization making a donation to the NGO will get a deduction of 50% from his/its taxable income. By availing 80G Certificate, NGO can attract more donors.

Steps for registration u/s 80G are given below

1. The NGO should apply in Form No. 10G (given below) to the Commissioner of Income Tax in your district. The application form should be submitted with triplicate.
Period for which approval is given: - Normally this approval is granted for 2-3 years. But now, as amended Act says, 80 G Certification is given for the lifetime, instead of short period of 2 to 3 years.

2. Following documents are required to be submitted along with form 10G:
A. Copy of income tax registration certificate i.e. Certificate u/s 12A.
B. Details of activities carried out by NGO in last three years
C. Copies of last 3 years’ audited statements of the NGO

3. In order to get approval u/s 80G the following conditions are to be fulfilled by NGO:
A. The NGO should not have any business income. If, the NGO has business income then it should be maintained in separate books of accounts and should not divert donations received for such business.
B. The bylaws or objectives of the NGOs should not contain any provision to spend the income or assets of the NGO for purposes other than charitable.
C. The NGO should not be working for the benefit of particular religious community or caste.
D. The NGO should maintain regular accounts of its receipts & expenditures.
E. The NGO should be registered under the Societies Registration Act 1860 or under any law corresponding to that act or is registered under section 25 of the Companies Act 1956.

NGO should take following steps after receiving donation u/s 80G

1. Issue Receipt to donor: Recipient NGO must issue a receipt for donation received u/s 80G. The receipt must contain the name and address of the NGO along with Registration Number allotted by Income Tax Department, the name of the donor, the amount donated (please ensure that the amount written in words and figures tally with each other).

2. Produce photocopy of 80G certificate: NGO should give Xerox copy of 80G Certificate to donor along with the receipt of donation if it is demanded by donor.

3. Only donations in cash/cheque are eligible for the tax deduction: Donations in kind do not entitle for any tax benefits. For example, during natural disasters such as floods, earthquake, and many organizations start campaigns for collecting clothes, blankets, food etc. Such donations will not fetch donor any tax benefits.

Benefit to donors

If aggregate of the sums donated exceed 10% of the adjusted gross total income, the amount in excess of 10% ceases to be entitled for tax benefit. (NGO should inform this benefit to their donors)

Form 10G (take content from the pdf file in this folder)