Annual Compliance Calendar for a Section 8 Company: ROC, Income Tax and Other Filings

A Section 8 company is a company first and a charity second, so it has to meet both sets of rules: the Companies Act filings every company makes, and the income-tax and donation reporting that comes with its tax registrations. Missing a deadline can mean late fees, penalties, or in serious cases a risk to the licence or tax exemption. This guide puts the main deadlines in one calendar, for a company that follows the April to March financial year.

Board and General Meetings

Section 8 companies get some relief on meetings. They must hold at least one board meeting in every six calendar months, rather than the four a year other companies hold. Each year they hold an annual general meeting (AGM), generally by 30 September, to adopt the audited accounts and deal with other ordinary business.

Keep minutes of every meeting, and maintain the statutory registers, such as the register of members and directors.

The Calendar

April to June

• By 30 April: MSME-1, if the company owes money to micro or small suppliers for more than 45 days.
• By 31 May: Form 10BD, the statement of donations received in the previous year, for companies with 80G registration, and Form 10BE certificates to donors.
• By 30 June: DPT-3, reporting loans and other money received that aren't deposits, where it applies.
• Close the books for the year and start the statutory audit.

July to September

• Complete the statutory audit and have the board approve the financial statements.
• By 30 September: hold the AGM.
• By 30 September: DIR-3 KYC for each director whose details need confirming.
• Within 15 days of the AGM: ADT-1, if an auditor is appointed or reappointed.
• The tax audit report for charitable institutions is due before the income tax return, by the date set under the income-tax law.

October to December

• Within 30 days of the AGM: AOC-4, filing the financial statements with the ROC.
• By the income-tax due date for audited entities, usually in October: the income tax return for charitable institutions (ITR-7).
• By 31 October: the second half-yearly MSME-1, where it applies.
• Within 60 days of the AGM: MGT-7, the annual return.
• By 31 December: FC-4, the annual FCRA return, if the company is registered under FCRA, even if it received no foreign contributions.

Throughout the Year

• Deposit TDS by the 7th of the following month, and file quarterly TDS returns.
• Pay PF, ESI and Professional Tax where they apply.
• File GST returns if the company is registered for GST.
• Issue donation receipts with the required details.

Event-based Filings

Some filings depend on events rather than dates, such as appointing or removing directors, changing the registered office, or altering the MOA or AOA. Remember that changes to the MOA or AOA of a Section 8 company need prior approval from the government before they take effect.

Keeping Tax Registrations Valid

12A and 80G registrations have to be renewed before they expire, usually every five years, and provisional registrations have to be converted to regular registration within the time allowed. Diary these dates alongside the annual calendar, since a lapsed registration can be costly.

Common Mistakes

• Treating the Section 8 company like a trust and missing ROC filings.
• Filing AOC-4 and MGT-7 late, which attracts daily additional fees.
• Forgetting Form 10BD, which affects donors' tax deductions.
• Missing FC-4 in a year with no foreign contributions.
• Letting 12A or 80G registration lapse.

Getting Help

Think Filing runs the full annual compliance calendar for Section 8 companies, from board meetings and ROC filings to audit, income tax and donation reporting.

Sources

• Companies Act, 2013, and the exemptions notified for Section 8 companies.
• Income-tax law and rules for charitable institutions.
• Foreign Contribution (Regulation) Act, 2010 and rules.