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{“@context”:”https://schema.org”,”@type”:”FAQPage”,”mainEntity”:[{“@type”:”Question”,”name”:”Which income tax return form does a Section 8 company file?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”A Section 8 company files ITR-6. Even if the company is registered under 12A and claims income tax exemption, it must still file ITR-6 annually. The 12A registration enables the company to claim exemption on its income applied to charitable purposes, but the return filing obligation remains. Form 10B (the audit report required for 12A-registered entities) must be filed before the ITR-6 filing date.”}},{“@type”:”Question”,”name”:”Is AGM mandatory for a Section 8 company?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Yes. Section 8 companies are incorporated under the Companies Act 2013 and must hold an Annual General Meeting (AGM) within 6 months of the end of the financial year — by 30 September for a 31 March year-end. They are not exempt from the AGM requirement. The AOC-4 must be filed within 30 days after the AGM, and MGT-7 within 60 days after the AGM.”}},{“@type”:”Question”,”name”:”What happens if a Section 8 company loses its 12A registration?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”If a Section 8 company’s 12A registration is cancelled or lapses (because it was not renewed every 5 years), all income of the company becomes fully taxable at the flat corporate tax rate applicable to companies. The company also loses its 80G status, meaning donors can no longer claim tax deductions on their contributions. Income earned in the year of lapse and subsequent years is taxed without the benefit of the charitable exemption.”}},{“@type”:”Question”,”name”:”What is the difference between MGT-7 and MGT-7A for Section 8 companies?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Section 8 companies that qualify as ‘small companies’ (paid-up capital up to Rs. 4 crore and turnover up to Rs. 40 crore as of the 2023 amendment) file the simplified MGT-7A instead of MGT-7. Most Section 8 companies with significant operations will file MGT-7. The Section 8 company must check whether it qualifies as a small company at the start of each financial year to determine which form applies.”}},{“@type”:”Question”,”name”:”Can a Section 8 company distribute dividends to its members?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”No. A Section 8 company is constitutionally prohibited from paying dividends to its members. Its profits must be applied exclusively towards the promotion of its charitable, educational, or social objectives. Any distribution of profits to members (directly or indirectly) is a violation of the licence conditions under Section 8 and can result in revocation of the licence and the company being converted to a regular company with all tax consequences.”}}]}
Section 8 Company Annual Compliance: ROC Filing, Tax Exemptions and Checklist for FY 2025-26
A Section 8 company — registered under the Companies Act 2013 to promote charitable, educational, religious, or social objectives — carries a double compliance burden: it must meet all ROC filing obligations as a company under the Companies Act, and separately maintain its income tax exemption status under 12A and 80G registrations with the Income Tax Department. Miss either set of obligations and the consequences are severe: ROC non-compliance leads to penalties and strike-off, while 12A/80G lapse makes the entire income taxable and cuts off donor tax benefits.
This guide covers the complete annual compliance picture for Section 8 companies for FY 2025-26.
Key Takeaways
- File AOC-4 within 30 days of AGM and MGT-7 within 60 days of AGM annually
- AGM must be held by 30 September each year (no exemption for Section 8 companies)
- File ITR-6 by 31 October (if audit required) even if income is exempt under 12A
- Form 10B (or 10BB) audit report must be submitted before ITR-6 filing
- Form 10BD (donor statement) due by 31 May each year
- 12A and 80G registrations must be renewed every 5 years under Section 12AB
- Dividend distribution is prohibited; profits must go back to the company’s objectives
Contents
ROC filings: AOC-4, MGT-7 and AGM requirements
Section 8 companies are incorporated under the Companies Act 2013 and must comply with all ROC filing requirements applicable to companies generally. They have no exemption from AGM, AOC-4, or MGT-7 filings. The only concession available is that Section 8 companies qualifying as “small companies” may file the simplified MGT-7A instead of MGT-7.
| Form | Purpose | Due Date (FY 2025-26) |
|---|---|---|
| AGM | Annual General Meeting (mandatory) | By 30 September 2026 |
| AOC-4 | Filing of audited financial statements | Within 30 days of AGM (by 30 October 2026 if AGM on 30 Sep) |
| MGT-7 / MGT-7A | Annual Return (MGT-7A if small company) | Within 60 days of AGM (by 29 November 2026 if AGM on 30 Sep) |
| ADT-1 | Auditor appointment / re-appointment | Within 15 days of AGM ratification |
| DIR-3 KYC | Annual director KYC | 30 September 2026 |
| DPT-3 | Return of deposits / outstanding loans | 30 June 2026 |
Income tax compliance: ITR-6, Form 10B and 12A/80G obligations
Section 8 companies typically seek registration under Section 12A of the Income Tax Act to obtain tax exemption on income applied to their charitable objectives. The 2020 amendments to the Income Tax Act replaced the earlier permanent 12A registration with a new system under Section 12AB, under which registrations must be renewed every five years.
| Obligation | Form / Action | Due Date |
|---|---|---|
| Income Tax Return | ITR-6 | 31 October 2026 (audit required); 31 July 2026 (no audit) |
| Tax Audit Report (for 12A entities) | Form 10B (turnover above Rs. 5 crore or foreign contribution received) or Form 10BB | Before ITR-6 filing date |
| 12A Registration Renewal | Form 10A (for fresh / re-registration under Section 12AB) | Every 5 years; apply 6 months before expiry |
| 80G Certificate Renewal | Form 10A (alongside 12A renewal) | Every 5 years; apply 6 months before expiry |
| Application of income (85% rule) | At least 85% of income must be applied to charitable purposes during the year | During the financial year |
| Accumulation of income (excess over 15%) | Form 10 — declaration of accumulation for specific future purpose (max 5 years) | Before end of the financial year |
Donor compliance: Form 10BD and Form 10BE
Section 8 companies registered under 80G must report all donations received and issue Form 10BE certificates to donors who wish to claim the 80G deduction. This is a relatively new requirement introduced from FY 2021-22.
- Form 10BD (Statement of Donations): Filed annually by 31 May with the Income Tax Department, listing all donors’ PAN, name, address, donation amount, and mode.
- Form 10BE (Certificate of Donation): Issued to each donor after Form 10BD is filed, allowing them to claim the 80G deduction in their individual or company ITR.
- Failure to file Form 10BD or issue Form 10BE attracts a penalty of Rs. 200 per day of default under Section 271K.
Other ongoing obligations: DPT-3, DIR-3 KYC, FCRA, CSR-1
- FCRA Annual Return (FC-4): If the Section 8 company receives foreign contributions and is registered under FCRA, it must file FC-4 by 31 December each year with the Ministry of Home Affairs.
- CSR-1 Registration: Section 8 companies that wish to receive CSR funds from corporates must register on the MCA portal using Form CSR-1. This registration must be updated if details change.
- NGO Darpan Registration: Required for Section 8 companies seeking central government grants. The Unique ID issued by NGO Darpan is cited in several government scheme applications.
- GST compliance: If the Section 8 company provides taxable services (renting halls, training programs, commercial activities), GST registration and return filing applies if turnover exceeds the threshold.
- TDS compliance: TDS must be deducted on salary payments to staff, professional fees, rent, and other applicable payments. Quarterly TDS returns (24Q, 26Q) must be filed.
Annual compliance checklist for Section 8 companies
| Compliance Task | Due Date |
|---|---|
| DPT-3 (outstanding loans) | 30 June 2026 |
| Form 10BD (donor statement under 80G) | 31 May 2026 |
| Form 10BE issued to donors | After Form 10BD filing |
| Annual General Meeting | By 30 September 2026 |
| DIR-3 KYC (all directors) | 30 September 2026 |
| Form 10B / 10BB (tax audit for 12A entity) | Before 31 October 2026 |
| ITR-6 | 31 October 2026 |
| AOC-4 (within 30 days of AGM) | 30 October 2026 (if AGM on 30 Sep) |
| MGT-7 / MGT-7A (within 60 days of AGM) | 29 November 2026 (if AGM on 30 Sep) |
| FCRA Annual Return FC-4 (if FCRA registered) | 31 December 2026 |
| 12A and 80G renewal (if expiring this year) | Apply 6 months before expiry |
Section 8 Company Compliance, Handled End to End
Tradeviser manages ROC filings, ITR-6, Form 10B, Form 10BD, 12A/80G renewals, FCRA returns, and complete annual compliance for Section 8 companies and NGOs across India.
Frequently Asked Questions

CA Madhusmita Padal is a Practicing Chartered Accountant with firms based in Odisha and Chennai. She specializes in taxation, company law, and auditing. She is passionate about simplifying complex concepts and making knowledge accessible to all.