Registrations Required by an NGO in India
After proper registration under the relevant Act, an NGO, whether it be a Society, Trust, or a Section-8 Company, may require to get a variety of optional and mandatory registrations, depending upon the works and size of the NGO (Non-Governmental Organization). Again, these registrations can be applied for as and when specific requirement arises.
The following are the most of such registrations required by an NGO in India to attain well-rounded legal security, social reputation, and commendable performance:
- Obtaining the PAN Card for NGO.
- Opening a New Bank Account in the name of the NGO.
- TAN Registration --- It will be necessary when at any point of time the NGO is required to deduct tax from source.
- Service Tax, VAT, Professional Tax Registrations --- Any one or more of these registrations may be required by an NGO, depending on the gross revenue from its products or services, or employment of qualified professionals.
- FCRA Registration --- It will be compulsory if the NGO wants to receive funds or grants for its developmental projects from one or more sources located in foreign countries. Made under the Ministry of Home Affairs, Govt of India, this FCRA registration is now relates to the Foreign Contribution (Regulation) Act of 2010.
- 12A Certificate --- This optional registration which is made under the section 12A of the Indian Income Tax of 1961, will be required if the NGO desires to get exemption from paying Income Tax on its income. This certificate shall only be provided if the NGO fulfills all the conditions laid down under the section 12A of the Act.
- 80G Certificate --- This is also not mandatory. This certificate is pre-requisite when the NGO wants to provide 50% to 100% tax exemptions on the donations made by its donors. Undoubtedly, this registration under the section 80G of the Indian Income Tax Act, is immensely beneficial to the NGO for raising funds.
- Registrations related with Retirement Benefits --- These registrations may relate to Provident Fund, ESIC, Gratuity, etc.
Here it may also be just mentioned that, besides these usual or general registration requirements of ngo, some special registrations or licenses may also be required for working by the concerned NGO in certain economic fields or in specific geographical regions.
Annual Compliance Filings for NGO in India
In general, an NGO is required to make many statutory compliances based on its activities, income, size, covered jurisdictional areas, liabilities under various laws concerned such as the labor & employment law. These ngo statutory requirements fall under the broad categories of the quarterly compliances, half-yearly compliances, and annual compliances. Here, only the annual compliance filings for ngo in India are stipulated in brief.
Broadly, the annual compliances by NGOs, whether these be trusts, societies, or section-8 companies, are to be made with few or all of the following regulatory bodies/offices:
- The Income Tax Department
- The Office of the concerned Registrar of Societies/Charity Commissioner/Registrar of Companies
- The Offices of the directly concerned Legal Authorities relating to the Labor and Employment Law, Shops and Establishments Act, Pollution Control, etc.
- FCRA Division, the Ministry of Home Affairs, Govt of India
Again, in general, the annual compliances by NGOs comprise few or all of the following documentary tasks or activities:
- Annual Report and the updated List of the members of Governing Body
- Financial Statements
- Income Tax Returns
- Compliance under the FCRA, 2010
- Important Resolutions
- And, Compliances under the above-mentioned legal authorities applicable.
Annual Compliance Filing AMC for NGO
Available are our expert, efficient, and cost-effective services for the Annual Mandatory Compliances (AMCs) of the NGO located and active anywhere in entire India, and belonging to Indian or Foreign Nationals.