Choose the right form, register with the Charity Commissioner or MCA, secure income tax registration and donation approval, and keep annual filings and renewals on time.
Maharashtra Public Trusts Act (Charity Commissioner)
Family foundations and smaller charities with few trustees
Society
Societies Registration Act, 1860, and the Maharashtra public trust registration
Member-based organisations: associations, education and welfare bodies
Section 8 company
Companies Act, 2013 (MCA)
Larger NGOs, CSR partners and organisations seeking corporate governance
Income tax registration
Registration of the NGO (earlier section 12AB) makes its income exempt if it is applied to its objects. New organisations get provisional registration, followed by regular registration before it expires or within the prescribed time after activities begin.
Donation approval (earlier section 80G) lets donors claim a deduction. It follows a similar provisional-then-regular process.
Registrations are time-bound and must be renewed; missing a renewal can expose accumulated funds to tax.
From tax year 2026-27, these provisions are consolidated in the Income-tax Act, 2025 for registered non-profit organisations; existing registrations continue, subject to the new conditions.
Annual compliance
Audit of accounts and the audit report in the prescribed form, before the return due date.
Income tax return for trusts and institutions (ITR-7 for FY 2025-26).
Statement of donations received, filed by 31 May, so that donors’ certificates are generated.
Application of income and accumulation, with separate treatment of corpus donations.
Maharashtra Charity Commissioner annual budget and accounts filings, where applicable.
For section 8 companies: AOC-4, MGT-7 and board compliance.
CSR funding readiness
To receive CSR funds from companies, an NGO must be registered with the MCA through Form CSR-1 and hold valid income tax registration. Companies also expect audited accounts, utilisation certificates and impact reporting.
Documents usually needed
Trust deed, society memorandum and rules, or MOA and AOA.
Registration certificate, PAN and address proof of the organisation.
Identity documents of trustees, members or directors.
Activity report, accounts for existing organisations and details of donations.
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Which is better for an NGO: trust, society or section 8 company?
A trust suits smaller, closely controlled charities; a society suits member-based bodies; a section 8 company suits larger organisations and CSR partnerships because of its governance and credibility with companies.
Is income tax registration mandatory for an NGO?
Without registration, the NGO's surplus is taxed like any other entity's income. Registration is needed for exemption, and a separate approval is needed for donors to claim deduction.
When is the donation statement due?
The statement of donations received during the year is due by 31 May of the following year, so that donation certificates can be issued to donors.
Can an NGO receive CSR funds without CSR-1?
No. Companies can spend CSR funds through implementing agencies registered with the MCA in Form CSR-1.
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