GST & Business
Section 8 + 12AB / 12A Eligibility
Decision aidQuick answer: The FinTax24 Section 8 + 12AB / 12A Eligibility Checker uses your charitable purpose, surplus-use commitment, annual income, 80G registration status, and trust-deed / Section-8 MoA status to determine whether you qualify for Section 11 / 12 income-tax exemption.
Section 8 + 12AB / 12A Eligibility
Determine if your charitable / educational / religious trust qualifies for Section 12AB / 12A income-tax exemption  checks activity, surplus use and registration.
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Disclaimer: Results are for indicative purposes only and may vary based on actual rates, rules, and policies. Please consult a FinTax24 expert for binding advice.
How to use this calculator
Follow these 4 steps for an accurate result.
- 1
Pick charitable purpose
Education / medical / religious / poverty relief / environmental — all qualify under Section 11.
- 2
Confirm surplus-use commitment
No part of the trust income may enure to the benefit of the settlor / trustee / their relatives.
- 3
Flag trust deed + 80G
Trust deed / Section-8 MoA registration on mca.gov.in or local Sub-Registrar. 80G optional but high-value.
- 4
Read verdict + recommended action
See "Fully compliant / Eligible after registration / Eligible — 80G pending / Not eligible — surplus distribution disqualifies" + recommended action.
Key takeaways
- Section 11(1) requires that NO part of the trust income / property enures to the benefit of the settlor / trustee / their relatives.
- 12AB is the new registration (replacing 12A) — done online on the IT e-filing portal. Valid 5 years per application.
- 80G (donor receipts) is optional but high-value for fundraising — apply via Form 10G on the IT portal.
- Activity type matters: education / medical / religious / charity / environmental all qualify; commercial trade does not.
Frequently asked questions
Quick answers to common questions about section 8 + 12ab / 12a eligibility.
How long does Section 12AB registration take?
Form 10AB on the IT e-filing portal takes 1-3 months for processing. The registration is valid for 5 years per application — renewal via Form 10AB again before expiry.
Can a Section-8 company also get 12AB + 80G?
Yes. Section-8 companies (Companies Act Section 8) are eligible for Section 11 + 12AB + 80G identical to trusts. The application process is the same — Form 10AB + Form 10G on the IT portal.
What happens if surplus is distributed?
Section 11(1) explicitly forbids distribution of surplus to the settlor / trustees / their relatives. Violation triggers denial of 12AB registration + Section 271D penalty (100% of distributed amount as deemed income + 25% penalty).
Is 80G required for 12AB?
No — 12AB and 80G are independent. 12AB exempts the trust income from tax. 80G lets donors claim 50% deduction on their donations to the trust. Apply for both separately.
Sources & authority: For regulations on section 8 + 12ab / 12a eligibility, refer to gst.gov.in, mca.gov.in, incometax.gov.in, rbi.org.in, Income-tax Act Section 11, Section 12AB application procedure, Section 8 Companies Act 2013.
Last reviewed by: FinTax24 Compliance Desk · Reviewed on:
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