A section 8 company which earlier was known as section 25 company is a legal form for non profit organizations (NPO) or Non Governmental organizations (NGO). Section 8 company is licensed company which is authorized to work anywhere in the country.
Section 8 company are formed by those who do not have any profit motive, rather they have a social objective which they want to achieve. Hence, there mandatory requirement to start the section 8 company are as follows:
Minimum of two persons are required along with the documents stated above.
You must have a plan for your social objectives, as ROC may ask for the same.
Whatever, you choose the capital of the company, you must invest the same into company within 2 months.
Documents Required - For Directors
Copy of PAN Card
Address Proof (Bank Statement, Mobile bill, Telephone bill)
Only by registering a section 8 company does not result into income tax exemption and further exemption to the donators. Rather section 8 company is the first step to claim the income tax exemption. There are basically two types of income Tax exemptions which are as follows:
Exemption to Section 8 Company from Income Tax: This exemption is claimed under Section 12AA of the Income tax Act, 1961. As per section 12AA, an application is filed to the Income tax commissioner along with the necessary supporting documents. If Income tax commissioner is satisfied, then he shall grant the tax exemption to the company.However, complying with section 11 to section 13 is very important to avoid revocation of exemption.
Exemption to donators under Income tax: This exemption is claimed by donators under section 80G. However,the donators is only eligible to take tax exemption if the section 8 company is registered under section 80G. This exemption can be filed along with section 12 exemption or anytime after that.