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Business Tax Return Filing

FCRA Registration

The Foreign Contribution Regulation Act (FCRA) is a regulatory law in India that oversees and manages foreign contributions within the country.

·         This law is applicable to several entities, including charitable trusts, societies, and Section 8 companies that receive contributions from abroad.

·         If an organization wants to receive foreign grants or funds, it is mandatory for them to obtain FCRA registration. This registration is obtained directly from the government.

·         The ultimate goal of FCRA registration is to ensure that foreign contributions are utilized properly and for their intended purpose, thus maintaining transparency and legitimacy.

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FCRA Registration

FCRA Registration Online in India aims to achieve two main objectives:

·         Firstly, it seeks to ensure that foreign funds are utilized appropriately for their intended purpose.

·         Secondly, it aims to legalize and make transparent the receipt of foreign contributions by domestic organizations, eliminating any criminal implications. Overall, the FCRA aims to regulate and control the flow of foreign funds in India.

Essential requirements for completing the FCRA Registration process:

A) Responsibilities for Proper FCRA Registration:

1. Company Registration: The applicant must own a registered company that has been in operation for at least 5 years.

2. Financial Investment: The applicant's company must have invested a minimum of Rs.10 Lakhs in the past three years towards achieving its main objectives, excluding administrative expenses.

3. Financial Statements: The applicant must submit audited financial statements for the previous three years. It is mandatory that these statements are audited by a qualified chartered accountant.

Please ensure that all the specified requirements are fulfilled to successfully complete the FCRA Registration process.

B) Requirement of Prior FCRA Registration for Obtaining Licenses:

If FCRA registration consultants intend to accept contributions, funds, or grants from foreign countries, they must seek prior permission. During the application process for prior permission, the consultants should provide the necessary details about the foreign entities or individuals who are contributing funds to their organization. The received funds must be utilized solely for the designated purpose.

Please find below the checklist for applying for FCRA registration. The following types of companies are eligible to apply for FCRA online registration:

1. Trusts registered under the Indian Trust Act.

2. Societies registered under the Indian Society Registration Act.

3. Section-8 companies incorporated under the Companies Act.

·         To be considered for registration, the applicant must possess a registered certificate as a Non-Profit Organization (NPO) with charitable aims and objectives. The NPO should be dedicated to serving society and the local community by promoting various areas such as health, economic development, education, art, religion, culture, sports, and more.

·         Furthermore, it is important to ensure that the entity is not prohibited in any form under the provisions of the Foreign Contribution (Regulation) Act. Any foreign contributions or funds accepted mustn't pose a threat to the life or safety of the public, or the receiver, or involve any illegal activities or offenses.

We kindly request that all applicants stay adhere to the above guidelines and maintain compliant approach throughout the registration process.

Who are the following entities not eligible to apply for FCRA Registration?

1. Individuals or organizations found to be fraudulent or involved in illicit activities.

2. Applicants who have been prosecuted or involved in any communal issues within a specified district or any part of the country.

3. Individuals or entities facing legal action for engaging in unfair or illegal activities.

4. Those involved in violent activities.

5. Individuals or organizations who have utilized foreign contributions or funds for personal purposes.

6. Companies that have been prohibited from receiving foreign grants or foreign receipts according to any legal provision.

7. Adoption of foreign grants that negatively impact public interest, India's sovereignty, or relationships with any state.

Please note that the above-mentioned entities do not meet the necessary criteria for FCRA Registration.

 Registration Process for obtaining an FCRA License involves the following steps:

1. Access the official FCRA website at https://fcraonline.nic.in and apply online by providing all the required information in the designated online form FC-3.

2. The FCRA Online Services offer a range of resources to assist individuals in fulfilling their federal tax obligations.

3. These resources include guidance on tax filing, the appeals process, and other relevant information.

4. Additionally, the FCRA Online Services provide support for individuals who have inquiries or require assistance with their taxes.

5. The FCRA Online Services are accessible 24/7 and free of charge.

6. To commence the registration process under FCRA, click on the "FCRA Online Forms" tab.

7. On the next page, various options will be available, such as foreign receipt intimation, application for permission from the central government, and application for FCRA registration status.

8. Select the "Apply Online" option located below the Application for FCRA Registration (FC-3).

9. If you are a new user, sign up to access the application form.

10. Complete all mandatory fields in the application form and submit it.

11. After submission, a unique "User ID" will be automatically generated for the applicant. Use this login credential to access the system.

12. Fill out the entire form, scan and attach the required documents in the prescribed format, typically PDF.

13. The online FCRA registration process will be considered complete after making the necessary online payment through available online money transfer gateways.

FCRA License Renewal

The FCRA registration is valid for a period of five years, after which the license owner is required to renew it by submitting an application for FCRA License renewal. To ensure timely renewal, entities or organizations must apply within the following timeframes:

- A minimum of six months prior to the expiration date of the FCRA license.

- At least 12 months prior to the expiration date of the FCRA online registration in cases where the organization is engaged in a multi-year deal or project. Please note that this requirement applies if the organization is working on a long-term commitment.

Changes to Your FCRA Registration: Updates on Cancellation or Suspension

If the authorities determine that a registered organization is not operating in accordance with the law and decide to cancel its license, they may issue a notice to the entity. The following are some reasons for which the license can be canceled:

1. Failure of the NGO to comply with the prescribed provisions of the Foreign Contribution (Regulation) Act.

2. Failure of the organization to submit the annual return by the due date.

3. If the entity is investigated for any allegations of illegal operations and those allegations are proven to be true.

4. Non-utilization of foreign contributions received for the main objectives of the organization or for the purposes stated during the FCRA registration process.