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Section 8 Company Registration: Tax Benefits You Should Know

6 months ago
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In India, many individuals and groups are driven by a purpose beyond profit — working towards social welfare, education, environment, and other charitable causes. If you are one of them and looking to form a legal entity to support your mission, Section 8 Company Registration is one of the best routes. Apart from the legal status it provides, one of its key advantages is the tax benefits it offers.

This article will explain everything you need to know about Section 8 Company Registration, including its tax advantages, eligibility, documents required, and compliance.

What is Section 8 Company Registration?

Section 8 Company Registration is a type of Company Registration under the Companies Act, 2013, meant for non-profit organizations. These companies are established with the objective of promoting commerce, art, science, education, research, social welfare, religion, charity, or protection of the environment.

Unlike other companies, Section 8 companies are not permitted to distribute profits to their members. Instead, any income or profit is used to further the company’s objectives.

Key Features of Section 8 Company

  • No minimum capital requirement
  • Can operate anywhere in India
  • Separate legal entity
  • Exempted from using “Limited” or “Private Limited” in the name
  • Better credibility compared to Trusts and Societies


Tax Benefits of Section 8 Company Registration

One of the primary reasons for opting for Section 8 Company Registration is the tax benefits it offers. Here are some key tax exemptions and benefits available:

  • Exemption Under Section 12AA/12AB of Income Tax Act

Once a Section 8 Company is registered and approved under Section 12AA (now 12AB), it gets exemption from paying income tax on the surplus income, provided the income is used for the stated charitable purposes.

  • 80G Certificate for Donor Benefits

Donations made to a Section 8 Company registered under Section 80G are eligible for tax deductions for the donors. This helps the company attract more donations as donors also benefit from tax savings.

  • No Dividend Distribution Tax

As a non-profit, a Section 8 company is not allowed to distribute profits, which means there is no Dividend Distribution Tax (DDT) liability.

  • GST Exemptions on Certain Activities

Depending on the nature of activities and services provided, Section 8 Companies may also enjoy exemptions from GST, especially when the services are related to education, healthcare, or religious activities.

  • Reduced Stamp Duty

In some states, Section 8 companies get concessions or exemptions in stamp duty, which is otherwise payable on Memorandum of Association (MOA) and Articles of Association (AOA).


Eligibility Criteria for Section 8 Company Registration

To be eligible for Section 8 Company Registration, the applicant must:

  • Have a clear charitable or non-profit objective
  • Intend to apply profits towards the promotion of its objectives
  • Not distribute any profits as dividends
  • Comply with the Companies Act, 2013 regulations


Documents Required for Registration

The following documents are needed for Section 8 Company Registration:

  • PAN card and Aadhaar card of directors
  • Passport-size photographs
  • Proof of address (electricity bill, bank statement, etc.)
  • Rent agreement or ownership proof of registered office
  • Digital Signature Certificate (DSC)
  • Director Identification Number (DIN)
  • MOA and AOA with non-profit objectives

Compliance Requirements After Registration

Once the company registration is complete, Section 8 companies must follow a few annual compliance rules:

  • Filing of income tax return
  • Conducting annual board meetings
  • Maintaining books of accounts
  • Filing of financial statements with the ROC (Registrar of Companies)
  • Renewal of 12AB and 80G certificates (if applicable)

Staying compliant helps retain the tax benefits and avoid penalties.

Advantages of Section 8 Company Over Trusts and Societies

  • More credibility among donors and government bodies
  • Structured management and transparency
  • Easier to raise foreign funds (after FCRA registration)
  • Recognition under the Companies Act
  • Stronger legal standing

Conclusion

If you’re planning to start a non-profit or charitable initiative, Section 8 Company Registration is a structured and legally recognized method to operate your mission effectively. Apart from providing a transparent framework and strong governance, the tax benefits it offers can significantly reduce the financial burden and support long-term sustainability.

Choosing this structure ensures your cause is well-positioned to gain public trust and receive financial aid through grants and donations. And with the right guidance, the process becomes straightforward and rewarding.

For expert support and hassle-free company registration, you can rely on Startup Club India — your trusted partner in setting up a Section 8 company.



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