Section 12AB
The current Income Tax Act registration route every NPO must hold to claim exemptions — granted first as a maximum 3-year provisional registration, then as a 5-year regular registration, replacing Section 12AA from 2021.
In plain language
Every NPO wanting tax-exempt status in India today registers under one section: Section 12AB of the Income Tax Act, 1961.
The workbook is direct about this: "All NPOs must be registered under Section 12AB of the Income Tax Act and file income tax returns." Only once an NPO's returns are assessed does it actually get tax-exempt status for that year.
Section 12AB replaced the older Section 12AA registration route, following the Income Tax (6th Amendment) Rules, 2021. Every institution earlier registered under 12AA, and every new entity, had to apply afresh under 12AB — though the underlying registration procedure stayed broadly the same.
Registration under 12AB unlocks more than Section 11's own exemption. It is also the gateway an NPO needs before it can extend an 80G deduction to its own donors, and before it can satisfy the SSE's own income-tax-registration eligibility criterion.
How it works
Section 12AB registration runs in two stages, per the workbook (Chapter 10, section 10.3):
| Stage | Duration |
|---|---|
| Provisional registration | Maximum 3 years |
| Subsequent (regular) registration | 5 years |
Once registered, an NPO takes on ongoing compliance duties:
- Maintain proper books of accounts and prescribed documents
- File its income tax return on time, with accounts audited by a Chartered Accountant
- Follow the specific conditions its registration was granted subject to
- Furnish required details under Rule 18AB of the Income Tax Rules, every financial year
- Issue a certificate to each donor in Form 10BE
For SSE registration purposes, Table 3.1 requires this certificate to be valid for at least the next 12 months from the date the NPO applies to the exchange — one of several mandatory criteria alongside minimum age (3 years) and minimum annual spending/funding thresholds.
A worked example
Illustrative NPO; the durations and compliance duties are the workbook's own.
Vidya Deep Trust applies for tax registration and is granted provisional registration under Section 12AB, valid for 3 years. Over that period, it keeps proper books, files returns on time with audited accounts, furnishes Rule 18AB details annually, and issues Form 10BE certificates to every donor who wants an 80G deduction.
Before the 3 years expire, it re-applies and receives subsequent registration for 5 years. When Vidya Deep Trust later applies to register on an SSE, it presents this 12AB certificate — still valid for well over 12 months — as part of Table 3.1's mandatory registration criteria, alongside its 3-year age and its annual spending and funding figures.
Why NISM asks about it
Chapter 10 (Taxation), section 10.3, states that all NPOs must register under Section 12AB, describes the provisional (3-year) and subsequent (5-year) registration stages, and lists the five post-registration compliance duties. Chapter 3's Table 3.1 makes a valid 12AB (or 12A/12AA) certificate an SSE registration requirement. Expect a question on the duration of provisional versus subsequent 12AB registration, or the five post-registration compliance duties.
Common exam traps
- Provisional = maximum 3 years; subsequent (regular) = 5 years — do not swap these two durations.
- 12AB is the current registration route, replacing 12AA from the 2021 amendment rules.
- The workbook numbers registration two ways across chapters: Chapter 2 says NPOs must be registered under Section 12A; Chapter 10 says Section 12AB; Chapter 3's own eligibility condition names 12A/12AA/12AB together. Learn all three labels.
- Do not confuse 12AB registration itself with Section 11, the provision that grants the income exemption once 12AB registration is in place, or with Section 80G, the separate approval needed before an NPO can extend a deduction to its donors.
Check yourself
1.For what period is provisional registration under Section 12AB granted to an NPO, as per the workbook?
- a)A maximum of 1 year
- b)A maximum of 3 years
- c)5 years
- d)10 years
Show the answer
Answer: (b) A maximum of 3 years
Provisional registration is valid for a maximum period of 3 years. The subsequent registration is for 5 years.
5 years is the tempting wrong answer — it is the subsequent registration, and also the maximum accumulation period under Section 11.
2._______ of Income Tax Act provides an exemption for income derived from property held by NPO.
- a)Section 11
- b)Section 12(15)
- c)Section 80G
- d)Section 80C
Show the answer
Answer: (a) Section 11
Section 11 provides the exemption for income derived from property held by an NPO, subject to applying 85% of income to its objectives.
Section 80G is the donor's deduction, not the NPO's exemption. Section 12(15) is a distractor built from Section 12AB and Section 2(15). Section 80C is not discussed in this chapter.
Where this is taught
Free preparation for NISM Series XXIIIRelated terms
- Section 80GThe Income Tax Act provision letting any taxpayer deduct donations to specified funds and registered charitable institutions — at 100% or 50%, some capped at 10% of adjusted gross total income.
- Form 10BEThe certificate an NPO registered under Section 12AB must issue to a donor to support that donor's Section 80G deduction claim, as required by Rule 18AB of the Income Tax Rules.
- Provisional registrationThe initial, time-limited tax registration an NPO is granted under Section 12AB — valid for a maximum of 3 years, before regular registration for 5 years follows.
- Section 11The Income Tax Act provision exempting an NPO's property income, conditional on applying at least 85% of it to charitable objects each year, with a 5-year window to accumulate any shortfall.
- Section 12AAThe pre-2021 income-tax registration route for NPO tax exemption, now superseded by Section 12AB — still relevant because every 12AA-registered charity had to re-register under 12AB.
- FCRAThe Foreign Contribution (Regulation) Act, 2010 — administered by the Ministry of Home Affairs; an NPO must register under it before it can accept foreign donations.