What is Form 10A of Income Tax? And process for Form 10A Filing

Introduction

All trusts/societies/institutions/funds/hospitals registered under Section 12A and Section 80G or Section 12AA of the Income Tax Act are required to seek new registration in the prescribed format under Section 10 (23C) of the Income Tax Act. On or before the due date, the applicant must file a Form 10A application with the Principal Commissioner or a Commissioner authorized by the CBDT. On the new e-filing platform, the Form 10A filing procedure is now available. The following article explains how to file Form 10A of the Income Tax Act on the new E-Filing Portal.

What is Form 10A of the Income Tax Act?

The CBDT issued Form 10A to allow trusts and NGOs to request for migration of their registration to the new registration scheme under Section 12AB. Form 10A is required for any application for trust registration. The following are the uses for Form 10A:

• Existing trusts or institutions that were previously registered under section 12A or section 12AA before 1-4-2021 are eligible to apply.

• Provisional registration under section 12AB is required for newly constituted trusts or institutions.

Eligibility entity for filing Form 10A of the Income Tax Act

• Existing Unregistered Organizations

Organizations that have already begun charitable activities but have not yet been registered with the IRS under any of the former sections 12A or 12AA before 1-4-2021 must apply for new registration under section 12AB in Form Number 10A. Provisional registration will be granted to such groups for a maximum of three years.

• Newly Established Organizations

Newly established organizations must apply for provisional registration with the income tax office in order to be eligible for exemptions under sections 11 and 12 of the Income Tax Act.

• Existing Registered Organizations

Before 1-4-2021, organizations that were previously registered under either of the former sections 12A or 12AA must apply for re-registration under section 12AB using Form Number 10A.

Documents Required for Form 10A filing

Below are the documents that are needed for Income Tax Form 10A Filing:

• Where the trust is created or established by an instrument, a self-certified copy of the instrument that creates the trustor establishes the institution is required.

• Where the trust is created or the institution is founded by an instrument, a self-certified copy of the document demonstrates the trust’s creation or establishment.

• Registrar of Companies, Registrar of Firms and Societies, or Registrar of Public Trusts, as appropriate, self-certified copy of the registration.

• A self-certified copy of the documentation establishing the items’ adoption or alteration, if any.

• Where the trust or institution applying has been in existence for any year or years prior to the financial year in which the application for registration is made, self-certified copies of the trust or institution’s annual accounts relating to such prior year or years (not more than three years immediately preceding the year in which the said application is made) for which such accounts have been made up are required.

• Notes on the trust’s or institution’s operations.

• Copy of a current order granting registration under Section 12A or Section 12AA, as appropriate.

• If applicable, a self-certified copy of the order rejecting the application for registration under Section 12A or 12AA.

Process for Form 10A Filing on E-Filing Portal

• The NGO / Trust must log in to the new e-filing portal using their user ID and password.

• Only after successful logging may the user use Form 10A.

• Select ‘File Income Tax Forms from the menu labeled ‘file.’

• Go to the ‘Persons not reliant on any source of income (Source of Income is irrelevant)’ tab. ‘Form 10A – Application for registration, provisional registration, or intimation’ is the option to choose.

• The PAN and the ‘Online’ submission mode will be pre-filled and cannot be changed. Set the value of ‘Assessment Year’ to 2022-2023 in the field ‘Assessment Year’.

• To continue, select ‘Continue’. The application form 10A will appear on the screen. Please provide the following information:

  1. Details on other registrations

  2. Key Personnel Information

  3. Details on incorporation/constitution

  4. Assets and Liabilities in Detail

  5. Information on your earnings

  6. Details about religious activity

• Finally, as per Rule 17A(3)/, the form must be checked by DSC or EVC (4). The name, father’s name, constitution type, and capacity will all be pre-filled. After filling out the form, click the attach option to upload all of your papers.

• After you have filled in all of the information/data, click the ‘Save’ option. Each section will be green-ticked and the status will be ‘finished’ once all of the sections have been completed.

Purpose of Form 10A of the Income Tax Act

The following is a detailed explanation of the purpose of Form 10A:

• As previously stated, Form 10A is used to re-register trusts or institutions under section 12AB if they were already registered or approved under these provisions before 1-4-2021.

• New Form 10A is also used by newly formed trusts or organizations that are seeking for the first time registration under section 12A.

• Furthermore, any trust or organization that has been in operation for a long time but has never been registered under section 12A must utilize the new Form No. 10A.

Note: The new Form Number 10A is only used for registration or approval once during the trust/existence. institution’s Form Number 10AB must be used for any further renewals.

Conclusion

You can file Form 10A if you are a newly constituted charitable or religious trust that has not been registered under any earlier legislation, or if you are a trust that has been registered under existing laws, such as Section 12A and 80G of the Income Tax Act of India, 1961. Online access to Form 10A is available through the Income Tax Portal of India’s official website.