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Companies Act, 2013 • Section 8 Non-Profit Timeline: 10 - 15 Days

Section 8 (NGO / Non-Profit) Company Registration

Incorporation of Section 8 Companies for charitable, educational, medical, and environmental causes, including Income Tax 12A, 80G, and CSR-1 funding registrations.

100% Non-Profit
12A Tax Exempt
80G Donor Benefit
CSR-1 Eligible

1. Legal Definition & Statutory Provisions

Under Section 8(1) of the Companies Act, 2013, a Section 8 Company is established for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such useful object, provided it intends to apply its profits (if any) in promoting its objects and prohibits the payment of any dividend to its members.

2. Income Tax Exemptions & CSR Benefits

Income Tax 12A Exemption

Complete income tax exemption on donations and institutional surplus funds under Section 12AB of the Income Tax Act.

Section 80G Donor Tax Deductions

Corporate and individual donors receive 50% income tax deductions on contributions made to the Section 8 NGO.

3. Mandatory Document Checklist

A. Directors & Promoters Documents

  • PAN Card Copy of all directors
  • Aadhaar / Voter ID / Passport
  • 3-Year Charitable Project Plan & Budget Estimate

B. Office Address Documents

  • Utility Bill (Electricity bill under 2 months old)
  • Rent Agreement & Owner NOC

4. Step-by-Step Incorporation & Exemption Process

1

Step 1: Section 8 License (INC-12 & SPICe+)

Drafting charitable MOA (INC-13) and AOA, and obtaining Section 8 Non-Profit License from Central Govt / ROC.

2

Step 2: Income Tax 12A, 80G & CSR-1 Registration

Filing Form 10A on Income Tax e-filing portal for 12A & 80G tax registration and filing CSR-1 with MCA for Corporate Social Responsibility funding.

Statutory Disclaimer: B. Mallesh & Co. provides professional CA advisory under Section 8 of Companies Act, 2013 and Income Tax Act rules. Final licenses are granted by ROC and Income Tax authorities.
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