How do I register my trust under Section 12AB?

Short answerYou register under Section 12AB by filing Form 10A (or 10AB for renewal/changes) online with the income-tax department, along with your trust deed, registration certificate, PAN and activity details. On approval you get a registration valid for a fixed period, which makes the trust’s income eligible for exemption.

How (Form 10A online)

File Form 10A on the income-tax portal with the trust deed, PAN, trustee and activity details.

What you get

A time-bound registration (Section 12A(1)(b) r/w Rule 17B and 12AB) that lets the trust claim exemption on income applied to its objects.

The two-stage process, and the 85% rule

Registration usually comes in two stages. A new trust first gets a provisional registration on filing Form 10A — granted fairly mechanically — valid for three years; then, once it has begun its activities, it applies in Form 10AB for regular registration, which runs for five years and where the department examines the genuineness of the activities and the objects. The same Form 10A route is used by existing trusts re-registering and by trusts seeking 80G alongside. Once registered, the exemption isn’t automatic each year: the trust must apply at least 85% of its income to its charitable objects, and income it can’t spend in the year can be accumulated for a stated purpose (by filing Form 10) for up to five years. It must keep proper books, get audited in Form 10B or 10BB if income crosses the limit, and file ITR-7 by the due date. Registration also brings conditions — commercial activity beyond limits, or income benefiting the trustees, can jeopardise it. Getting the trust deed’s objects and the activity write-up right at the Form 10A stage is what makes the regular registration in Form 10AB straightforward later. Confirm the current timelines and forms, which were reworked under the 12AB regime.

Talk to CA Vijay R Singh

Setting up a trust and need 12AB registration? You can message him directly, or book a short call to talk through your situation.

This answer is general information for trusts and societies, not tax or legal advice. Tax rates, thresholds and forms change with each Finance Act — please confirm the current position for your own facts, or speak to us, before acting.

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