Trusts, societies, and Section 8 companies operate under a uniquely demanding mix of laws — formation under the Indian Trusts Act / state public-trust laws, the Societies Registration Act 1860, or Section 8 of the Companies Act 2013; tax exemption through Section 12A / 12AB and 80G registration; foreign funding under the Foreign Contribution (Regulation) Act 2010; corporate philanthropy under Section 135 CSR and Form CSR-1; and a tight regime of audits and donation reporting in Form 10BD with certificate 10BE. A lapse in renewal or reporting can cost a non-profit its exemption or its ability to receive foreign funds.
Our non-profit advisory practice supports trusts, societies, Section 8 companies, and CSR foundations across their entire lifecycle — entity formation and structuring, 12A / 12AB and 80G registration and renewal, FCRA registration, prior permission, renewal and compliance, CSR implementation and CSR-1, income-tax exemption and accumulation planning, audit in Form 10B / 10BB, donation reporting in Form 10BD / 10BE, governance and board processes, and grant and donor compliance. Whether you are setting up a foundation, applying for FCRA, or preparing for renewal of your registrations, we keep your exemptions secure and your reporting clean.
Sec 8 / Trust
Entity Formation
FCRA 2010
Foreign Funding
Form 10BD
Donation Reporting
Laws & Frameworks We Work Under
Indian Trusts Act 1882
Societies Registration Act 1860
Section 8 (Companies Act)
Sec 12A / 12AB
Sec 80G
Sec 11 & 12 Exemption
FCRA 2010 (as amended)
CSR (Sec 135)
Form CSR-1
Form 10B / 10BB Audit
Form 10BD / 10BE
Sec 115BBC
FAQs on Trust & NGO Compliance in India
Should an NGO be set up as a trust, a society, or a Section 8 company?
All three are valid non-profit vehicles, and the right choice depends on objects, scale, and funding. A public charitable trust is simple to form and suits family-led or endowment-based philanthropy; a society under the Societies Registration Act suits membership-based bodies; and a Section 8 company under the Companies Act offers the strongest governance, pan-India recognition, and credibility with institutional and foreign donors, at the cost of more compliance. We weigh these factors and form the vehicle with objects and governance designed for exemption and funding.
What are 12A / 12AB and 80G registrations?
Section 12AB registration lets a non-profit claim income-tax exemption on its income under Sections 11 and 12, provided that income is applied to its charitable objects. Section 80G registration lets donors claim a deduction for their donations, which significantly aids fundraising. Applications are made in Form 10A (provisional / first-time) or Form 10AB (regular / renewal), and both registrations are granted for a fixed period and must be re-validated on expiry. We secure and renew both and keep the conditions satisfied.
When does an NGO need FCRA registration?
Any organisation that wishes to receive foreign contributions — funds or goods from a foreign source — needs either FCRA registration (for established organisations) or prior permission (for a specific donor and purpose) under the Foreign Contribution (Regulation) Act 2010. Foreign funds must be received in a designated FCRA account at the State Bank of India, New Delhi main branch, cannot generally be transferred onward to other organisations, and are subject to a cap on the proportion that may be spent on administrative expenses. An annual return must be filed. We manage registration or prior permission and the ongoing compliance.
What is Form CSR-1 and who needs it?
Form CSR-1 is the registration that an entity must obtain to be eligible to receive and implement Corporate Social Responsibility funds from companies under Section 135 of the Companies Act. Trusts, societies, and Section 8 companies that act as implementing agencies file Form CSR-1 with the Ministry of Corporate Affairs and receive a unique CSR registration number, which donor companies need to route funds compliantly. We obtain the CSR-1 registration and set up project-wise accounting and reporting for CSR funds.
What is Form 10BD and Form 10BE?
An institution registered under Section 80G must file an annual statement of donations in Form 10BD, listing each donor and donation, and then issue a certificate in Form 10BE to each donor. The donor needs the 10BE certificate to claim the 80G deduction in their own return — so without correct and timely 10BD filing, donors lose their deduction, and late filing can attract a fee. We collect donor data through the year, file Form 10BD, and issue the 10BE certificates.
How are anonymous donations to an NGO taxed?
Under Section 115BBC, anonymous donations received by most charitable institutions above a prescribed threshold are taxed at a special higher rate rather than enjoying exemption. An anonymous donation is one where the institution does not maintain a record of the donor's identity and address. Wholly religious institutions get limited relief. Because of this, recording donor details is essential, especially for cash donations. We help build donor-record systems and compute any Section 115BBC liability correctly.
What ongoing compliance does a registered NGO have each year?
A registered non-profit generally must maintain books of account, get an audit and file the audit report in Form 10B or 10BB (depending on income and other factors), file an income-tax return in ITR-7, file Form 10BD and issue 10BE certificates if it has 80G status, and file accumulation forms (Form 10 / 9A) where it cannot fully apply its income in the year. FCRA-registered entities also file the annual FC-4 return, and Section 8 companies file ROC returns. We run this full compliance calendar so no deadline or condition is missed.
Exemption Secured. Funding Compliant. Reporting Clean.
Partner with our non-profit experts for trust, society and Section 8 formation, 12AB and 80G registration, FCRA and CSR compliance, audit, and Form 10BD / 10BE donation reporting for FY 2026–27.
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