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12A And 80G Registration in Noida Process, Documentation, Validity

12A And 80G Registration

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12A And 80G Registration in Noida Process, Documentation, Validity!

Welcome to CA ADDA - Your Trusted Partner for 12A and 80G Registration in Noida! Obtaining 12A and 80G Registration in Noida for your non-profit organization in Noida is crucial for unlocking tax benefits and attracting donations effectively. This comprehensive guide by CA Adda, your reliable partner in accounting and finance, will provide you with all the essential information you need to navigate the process smoothly.

12A And 80G Registration in Noida Process, Documentation, Validity

Overview of 12A and 80G Registration in Noida

Non-profits and NGOs in Noida play a crucial role in addressing various social, economic, and environmental issues. To support these organizations, the Indian government offers significant benefits through 12A and 80G Registrations in Noida. These registrations not only help in securing tax exemptions but also make the organizations eligible for grants and donations from various sources.

Purpose of 12A and 80G Registration in Noida

12 A Registration in Noida

  • Significance for Non-Profits and NGOs: 12A registration in Noida is a fundamental step for non-profit organizations in Noida. It allows them to be recognized by the Income Tax Department as a legitimate entity for income tax exemptions. Without 12A registration in Noida, a non-profit's income is taxable, which can significantly impact its ability to function and fulfill its mission.

80G Registration in Noida:

  • Significance for Non-Profits and NGOs: 80G registration in Noida is equally important as it offers tax benefits to donors. This registration enables the donors to claim deductions on donations made to your organization, thereby incentivizing more individuals and corporations to contribute. Organizations with 80G registration in Noida are perceived as more credible and trustworthy, enhancing their ability to attract donations.

Benefits of 12A and 80G Registration in Noida

Tax Exemptions:

  • For Organizations: With 12A registration in Noida, NGOs and non-profits are exempted from paying income tax on the surplus income, allowing them to utilize more resources for their primary objectives. This exemption is crucial for the sustainability and growth of the organization.
  • For Donors: 80G registration in Noida provides tax deductions to donors under Section 80G of the Income Tax Act. Donors can deduct 50% of the amount donated from their taxable income, subject to certain conditions, making it financially beneficial for them to support charitable causes.

Eligibility for Grants and Donations:

  • Enhanced Credibility: Organizations with 12A and 80G Registrations in Noida are viewed more favorably by potential donors, including individuals, corporates, and funding agencies. This recognition can open doors to a wider range of funding opportunities.
  • Access to Government and Institutional Grants: Many government schemes and institutional grants require non-profits to have 12A and 80G Registrations in Noida. These registrations can thus significantly enhance an organization's funding prospects.
  • Increased Donor Trust: The tax benefits associated with 80G registration in Noida can encourage more donations from the public. Donors are more likely to contribute to organizations where they can also benefit from tax deductions, thereby increasing the funds available for the organization’s projects and initiatives.

By securing 12A and 80G Registrations in Noida, non-profits and NGOs not only benefit from tax exemptions but also enhance their ability to raise funds and achieve their missions more effectively.

Eligibility Criteria for 12A and 80G Registration in Noida

To benefit from the tax exemptions and donor incentives provided under 12A and 80G Registrations in Noida, non-profit organizations must meet certain eligibility criteria. Understanding these criteria is crucial for ensuring a smooth application process.

Eligible Organizations

The following types of organizations are eligible to apply for 12A and 80G Registration in Noida:

  • Trusts: Public charitable trusts established under the Indian Trusts Act, 1882.
  • Societies: Societies registered under the Societies Registration Act, 1860.
  • Non-Governmental Organizations (NGOs): NGOs registered under the relevant state laws.
  • Section 8 Companies: Companies registered under Section 8 of the Companies Act, 2013, which are established for promoting commerce, art, science, research, sports, education, social welfare, religion, charity, or any other useful object.

It is important that these organizations are genuinely established for charitable or non-profit purposes, as the primary objective of 12A and 80G Registrations in Noida is to support entities working towards the betterment of society.

Required Documentation

When applying for 12A and 80G Registration in Noida, organizations need to provide a comprehensive set of documents. Ensuring that all required documents are correctly prepared and submitted will facilitate a smoother application process. The key documents required include:

  1. Registration Certificate:

    • A certified copy of the registration certificate of the organization (trust deed, society registration certificate, or Section 8 company incorporation certificate).

  2. PAN Card:

    • A copy of the organization's Permanent Account Number (PAN) card.

  3. Constitutional Documents:

    • Trust Deed for trusts.
    • Memorandum of Association and Rules & Regulations for societies.
    • Memorandum and Articles of Association for Section 8 companies.

  4. Financial Statements:

    • Audited financial statements for the last three years (Income & Expenditure Statement, Balance Sheet, and Receipt & Payment Account).

  5. Activity Report:

    • Detailed report of activities conducted by the organization since inception or in the past three years.

  6. Bank Account Details:

    • Copy of the bank account statements of the organization for the last three years.

  7. List of Board Members:

    • List of the current board of trustees or governing body members along with their contact details and PAN numbers.

  8. Affidavit:

    • An affidavit confirming the authenticity of the documents submitted and the activities of the organization.

  9. Donor Details (for 80G application in Noida):

    • Details of donations received in the past three years, including the names and addresses of donors.

  10. Office Address Proof:

    • Proof of the registered office address of the organization.

Having these documents ready and in order will help ensure that the application process for 12A and 80G Registration is completed efficiently and without unnecessary delays.

Application Process for 12A and 80G Registration in Noida

Applying for 12A and 80G Registration in Noida involves several steps, from gathering the necessary documents to submitting the application and awaiting approval. Here is a step-by-step guide to help you navigate the process smoothly.

Step-by-Step Guide

  1. Gather Required Documents:

    • Collect all necessary documents as listed in the eligibility criteria, including the registration certificate, PAN card, financial statements, activity report, and others.

  2. Prepare the Application Forms:

    • Form 10A: For 12A registration in Noida.
    • Form 10G: For 80G registration in Noida.
    • Ensure that the forms are correctly filled out with accurate and complete information. The forms can be downloaded from the Income Tax Department's official website.

  3. Draft Covering Letter:

    • Draft a covering letter addressed to the Commissioner of Income Tax or the relevant authority, requesting 12A and 80G Registration in Noida. Briefly introduce your organization and the purpose of your application.

  4. Submit the Application:

    • Submit the completed forms along with the required documents to the jurisdictional Commissioner of Income Tax (Exemptions). The submission can be done online through the Income Tax Department's e-filing portal or physically at the relevant office.

  5. Verification Process:

    • Once submitted, the Income Tax Department will review your application. This may involve a physical inspection of the organization’s premises and verification of the submitted documents.

  6. Respond to Queries:

    • Be prepared to respond promptly to any queries or requests for additional information from the Income Tax Department during the verification process.

  7. Obtain Registration Certificate:

    • Upon successful verification, the Income Tax Department will issue the 12A and/or 80G registration certificates in Noida. These certificates will be sent to the registered address of the organization or made available online.

Timeline

  1. Document Gathering: 1-2 weeks

    • Time required to collect and prepare all necessary documents.

  2. Form Filling and Submission: 1 weeks

    • Filling out the forms and submitting the application along with the required documents.

  3. Verification Process: 2-4 months

    • The Income Tax Department typically takes 2 to 4 months to review the application, conduct inspections if necessary, and verify the information provided.

  4. Approval and Issuance of Certificates: 1-2 weeks

    • After successful verification, the registration certificates are issued within 1 to 2 weeks.

  5. Overall, the entire process from document gathering to obtaining the registration certificates can take approximately 3 to 6 months. It is advisable to ensure that all documents are accurately prepared and to follow up regularly with the Income Tax Department to avoid delays.

Important Forms for 12A and 80G Registration in Noida

Obtaining 12A and 80G Registration in Noida requires the submission of specific forms to the Income Tax Department. Each form serves a distinct purpose and must be completed accurately to ensure a successful application.

12A Form

Purpose:

The 12A form is used by non-profit organizations to apply for exemption from paying income tax on their surplus income. This registration is essential for organizations that wish to benefit from tax exemptions, allowing them to utilize more resources for their charitable activities.

How to Fill Out the 12A Form:

  1. Basic Information:
    • Name of the Organization: Enter the full legal name of your organization.
    • Address: Provide the complete postal address of the registered office of your organization.
    • Registration Details: Enter the registration number and date as per the registration certificate of your trust, society, or Section 8 company.
  2. Details of Activities:
    • Objectives: Describe the primary objectives of your organization as stated in the founding documents (trust deed, memorandum of association, etc.).
    • Activities Conducted: Provide a summary of the key activities and projects undertaken by your organization since its inception.
  3. Financial Information:
    • Income and Expenditure: Enter details of the income and expenditure of your organization for the last three financial years, if applicable.
    • Assets and Liabilities: Provide a statement of the assets and liabilities of the organization.
  4. Governance Details:
    • Board Members: List the names, designations, and contact details of the current board members or trustees.
    • PAN Information: Provide the PAN details of the organization and its board members.
  5. Attachments:
    • Ensure that all required documents (registration certificate, PAN card, financial statements, activity reports, etc.) are attached as per the checklist provided with the form.
  6. Verification:
    • The form must be signed and verified by the authorized signatory of the organization. This could be the founder, president, or any other designated official.

80G Form

Purpose:

The 80G form is used by non-profit organizations to apply for certification that allows donors to claim tax deductions on their donations. This certification makes the organization more attractive to potential donors, as it provides them with financial benefits.

How to Fill Out the 80G Form:

  1. Basic Information:
    • Name of the Organization: Enter the full legal name of your organization.
    • Address: Provide the complete postal address of the registered office of your organization.
    • Registration Details: Enter the registration number and date as per the registration certificate of your trust, society, or Section 8 company.
  2. Details of Donations:
    • Donation Records: Provide details of the donations received in the past three financial years, including the names and addresses of donors, amounts donated, and dates of donations.
  3. Utilization of Funds:
    • Purpose of Donations: Explain how the donations have been utilized to further the objectives of the organization. This includes details of specific projects or programs funded by the donations.
  4. Financial Information:
    • Income and Expenditure: Enter details of the income and expenditure of your organization for the last three financial years, if applicable.
    • Assets and Liabilities: Provide a statement of the assets and liabilities of the organization.
  5. Governance Details:
    • Board Members: List the names, designations, and contact details of the current board members or trustees.
    • PAN Information: Provide the PAN details of the organization and its board members.
  6. Attachments:
    • Ensure that all required documents (registration certificate, PAN card, financial statements, donation records, etc.) are attached as per the checklist provided with the form.
  7. Verification:
    • The form must be signed and verified by the authorized signatory of the organization. This could be the founder, president, or any other designated official.

Both forms should be completed with accurate and comprehensive information to avoid delays or rejections. Proper documentation and clear presentation of the organization’s activities and financials are crucial for a successful application.

Benefits of 12A Registration in Noida

Tax Exemption

Tax Benefits for the Organization:

12A registration provides significant tax benefits to non-profit organizations, enabling them to better utilize their resources for their charitable purposes. The key tax benefits include:

  • Income Tax Exemption:

    • Organizations registered under 12A are exempt from paying income tax on their surplus income. This exemption allows non-profits to retain and reinvest more of their funds into their core activities and projects.

  • Increased Financial Efficiency:

    • With income tax exemption, non-profits can allocate more funds towards their charitable activities rather than tax liabilities. This increases the overall financial efficiency of the organization.

  • Eligibility for Grants and Donations:

    • Many government agencies and institutional donors prefer or require non-profits to have 12A registration to be eligible for grants and funding. This enhances the organization’s ability to attract financial support from various sources.

  • Enhanced Credibility:

    • Having 12A registration in Noida adds to the credibility of the organization. It indicates that the organization is compliant with regulatory standards and is recognized by the government as a legitimate entity for charitable activities.

Validity and Renewal Process

Validity Period:
  • Initial Validity:

    • The initial 12A registration in Noida granted to an organization is generally valid for the lifetime of the organization, provided it continues to comply with the regulatory requirements and does not engage in activities that are not aligned with its stated objectives.
Renewal Process:
  • Permanent Validity:

    • As of recent amendments, 12A registration in Noida is considered to be valid indefinitely, and organizations do not need to renew it periodically. However, certain conditions may require an organization to update or revalidate their registration.
  • Mandatory Revalidation:

    • The Income Tax Department may, from time to time, require organizations to revalidate their 12A registration in Noida. This is typically a straightforward process where the organization needs to submit updated documents and information to confirm ongoing compliance.
  • Compliance and Reporting:

    • To maintain the benefits of 12A registration in Noida, organizations must comply with annual reporting requirements, such as filing income tax returns and providing details of their activities and financials. Failure to comply can lead to cancellation of the registration.
  • Changes in Organization:

    • If there are significant changes in the organization, such as amendments to the founding documents, changes in the objectives, or structural changes, the organization may need to inform the Income Tax Department and potentially revalidate their registration.

Overall, the tax exemption benefits provided by 12A registration in Noida can significantly enhance the financial stability and operational capacity of non-profit organizations, allowing them to focus more on their mission and less on tax-related financial burdens. The perpetual validity of 12A registration in Noida, along with compliance requirements, ensures that organizations remain committed to their charitable objectives and transparent in their operations.

Benefits of 80G Registration in Noida

Donor Benefits

Tax Deduction Benefits for Donors:

80G registration in Noida provides significant tax incentives for donors, making it financially advantageous for individuals and corporations to contribute to registered non-profit organizations. The key benefits for donors include:

  • Tax Deduction:

    • Donations made to an organization with 80G certification in Noida are eligible for tax deductions under Section 80G of the Income Tax Act. Donors can deduct 50% of the amount donated from their taxable income, subject to certain conditions and limits.

  • Eligibility for Various Donors:

    • Both individual taxpayers and corporate entities can avail of these tax benefits. This broad applicability makes it attractive for a diverse range of donors.

  • Upper Limit on Donations:

    • The deduction is capped at 10% of the donor’s gross total income. If the donation amount exceeds this limit, the excess cannot be claimed as a deduction but can still be recognized as a philanthropic contribution.

  • Enhanced Financial Planning:

    • For individuals and corporations looking to optimize their tax liabilities, donating to 80G-certified organizations offers a strategic avenue for tax savings. This can be a part of their financial planning and corporate social responsibility (CSR) strategies.

Attracting Donations

How 80G Certification in Noida Can Help Attract More Donations:

Having 80G certification enhances the appeal of an organization to potential donors, facilitating an increase in donations. The key ways in which 80G certification in Noida helps attract more donations include:

  • Increased Credibility:

    • 80G certification in Noida signals that the organization is trustworthy and adheres to government regulations. This credibility is crucial for gaining the confidence of potential donors who want assurance that their contributions are going to a legitimate cause.

  • Marketing Advantage:

    • Organizations with 80G certification in Noida can promote the tax benefits to prospective donors as a part of their fundraising campaigns. Highlighting the financial incentives can be a powerful tool in attracting more contributions.

  • Corporate Donations:

    • Many corporations prefer to donate to organizations with 80G certification in Noida to avail of tax deductions as part of their CSR activities. This can significantly boost the volume of donations received from the corporate sector.

  • Larger Donation Amounts:

    • Knowing that they can claim tax deductions, donors may be inclined to donate larger amounts. This is beneficial for both the donor, who receives a financial benefit, and the organization, which receives increased funding.

  • Donor Retention:

    • Offering tax benefits helps in retaining existing donors. When donors see a tangible benefit in the form of tax savings, they are more likely to continue supporting the organization in the future.

  • Competitive Edge:

    • In the competitive landscape of non-profit fundraising, having 80G certification in Noida provides a distinct advantage. Donors with multiple giving options are more likely to choose an organization where they can also benefit financially.

Overall, 80G registration in Noida not only provides substantial tax benefits to donors but also significantly enhances an organization’s ability to attract and retain donations. By leveraging the financial incentives and increased credibility associated with 80G certification, non-profits can secure more funding to further their charitable missions.

Compliance and Maintenance for 12A and 80G Registration in Noida

To maintain the benefits of 12A and 80G Registrations in Noida, non-profit organizations must adhere to specific compliance requirements and ensure timely renewals when necessary. Here are the key aspects of compliance and maintenance:

Annual Requirements

  1. Filing Income Tax Returns:

    • Mandatory Filing:

      • Every year, non-profits registered under 12A must file their income tax returns using Form ITR-7. This filing is mandatory, even if the organization’s income is exempt from tax.

    • Detailed Reporting:

      • The tax return must include detailed information about the organization’s income, expenditures, and activities during the financial year.

  2. Maintaining Financial Records:

    • Accurate Record-Keeping:

      • Organizations must maintain accurate and comprehensive financial records, including income and expenditure statements, balance sheets, and receipts and payment accounts.

    • Audit Requirements:

      • The financial statements must be audited by a qualified Chartered Accountant. The audit report should be submitted along with the tax return.

  3. Activity Reports:

    • Annual Activity Report:

      • Non-profits must prepare and maintain a detailed annual report of their activities. This report should highlight the projects and initiatives undertaken during the year, including outcomes and impact.

    • Public Disclosure:

      • It’s advisable to make the activity report publicly available, either through the organization’s website or upon request, to maintain transparency and accountability.

  4. Compliance with Other Laws:

    • Regulatory Compliance:

      • Apart from the Income Tax Act, organizations must comply with other applicable laws, such as the Foreign Contribution (Regulation) Act (FCRA), if they receive foreign donations.

    • Statutory Filings:

      • Ensure timely statutory filings, such as annual returns with the Registrar of Societies or Registrar of Companies, as applicable.

Renewal Process

  1. Validity of Registration:

    • Lifetime Validity:

      • 12A registration is generally valid for the lifetime of the organization. However, due to recent amendments, revalidation may be required periodically.

    • 80G Certification Validity:

      • The validity of 80G certification can vary. Initially, it may be granted for a period of 1 to 3 years. After the initial period, it may be extended indefinitely, subject to periodic revalidation.

  2. Revalidation Process:

    • Application for Revalidation:

      • When revalidation is required, organizations must submit an application to the Income Tax Department. This process involves filling out the relevant forms and submitting updated documents.

    • Required Documentation:

      • Updated financial statements, activity reports, governing documents, and any other documents requested by the Income Tax Department must be provided.

    • Verification and Inspection:

      • The Income Tax Department may conduct a verification process, which can include a review of the submitted documents and an inspection of the organization’s premises and activities.

  3. Frequency of Renewal:

    • Periodic Review:

      • While the exact frequency can vary, the Income Tax Department may require revalidation every 3 to 5 years. Organizations should stay informed about the latest regulatory changes to ensure compliance.

    • Notification of Revalidation Requirement:

      • The department typically notifies organizations in advance if revalidation is required. Organizations must respond promptly and follow the prescribed procedures to avoid any lapse in registration.

  4. Maintaining Compliance During Renewal:

    • Continuous Compliance:

      • During the renewal process, it is crucial for organizations to maintain continuous compliance with all regulatory requirements. Any lapses can affect the renewal of their registration.

    • Proactive Approach:

      • Organizations should adopt a proactive approach to compliance, regularly reviewing their records, updating their documentation, and staying informed about regulatory changes.

By adhering to these annual requirements and understanding the renewal process, non-profits can ensure that they continue to benefit from 12A and 80G Registrations in Noida, thereby maximizing their capacity to carry out their charitable missions effectively.

Common Challenges in 12A and 80G Registration in Noida

Rejection Reasons

  1. Incomplete Documentation:

    • Issue: One of the most common reasons for application rejection is incomplete submission of required documents. Missing or improperly filled forms and inadequate supporting documents can lead to delays or rejections.
    • Solution: Ensure all required documents, including registration certificates, PAN card copies, audited financial statements, and activity reports, are complete and accurately filled out. Double-check the checklist provided by the Income Tax Department.

  2. Non-Compliance with Eligibility Criteria:

    • Issue: Organizations that do not meet the eligibility criteria specified for 12A and 80G Registrations may face rejection. This includes organizations that do not have a valid registration under relevant laws or fail to demonstrate their charitable objectives clearly.
    • Solution: Before applying, verify that your organization meets all eligibility criteria. Review the founding documents (trust deed, memorandum of association, etc.) to ensure they align with the requirements set by the Income Tax Department.

  3. Lack of Clarity in Objectives and Activities:

    • Issue: Applications may be rejected if there is ambiguity or inconsistency in describing the objectives and activities of the organization. The Income Tax Department requires clear and specific details about how the organization operates and its charitable purposes.
    • Solution: Clearly articulate the mission, objectives, and activities of your organization in the application forms and supporting documents. Provide concrete examples of projects and initiatives undertaken to demonstrate alignment with charitable purposes.

  4. Financial Irregularities:

    • Issue: Financial discrepancies or irregularities in the submitted financial statements can lead to rejection. This includes discrepancies in income and expenditure records, unexplained funds, or inconsistencies in financial reporting.
    • Solution: Conduct thorough audits of your financial statements by a qualified Chartered Accountant before submission. Ensure that all financial records are accurate, up-to-date, and comply with accounting standards.

  5. Non-Compliance with Reporting and Filing Requirements:

    • Issue: Failure to comply with annual reporting and filing requirements, such as filing income tax returns or maintaining updated activity reports, can result in application rejection or even cancellation of existing registrations.
    • Solution: Develop a robust system for maintaining compliance with all regulatory requirements. Keep track of deadlines for filing returns and reports. Regularly update and review internal processes to ensure ongoing compliance.

Solutions to Avoid These Issues

  1. Preparation and Review:

    • Tip: Start the application process well in advance and thoroughly review all forms and documents before submission. Create a checklist to ensure nothing is missed.

  2. Professional Assistance:

    • Tip: Seek professional guidance from Chartered Accountants or legal experts specializing in non-profit law to navigate the application process and ensure compliance with all requirements.

  3. Clarity and Transparency:

    • Tip: Clearly articulate your organization’s objectives, activities, and financial information in the application. Provide supporting evidence to substantiate claims made in the application.

  4. Regular Compliance Checks:

    • Tip: Establish regular internal audits and compliance checks to ensure ongoing adherence to regulatory requirements. Stay updated on changes in tax laws and regulations affecting non-profits.

  5. Communication with Authorities:

    • Tip: Maintain open communication with the Income Tax Department or relevant authorities. Respond promptly to any queries or requests for additional information during the application review process.

By addressing these common challenges proactively and implementing these solutions, non-profit organizations can increase their chances of successfully obtaining and maintaining 12A and 80G Registrations in Noida. This enables them to leverage tax benefits and attract donations effectively to support their charitable endeavors.

FAQs - 12A and 80G Registration in Noida

Here are answers to some frequently asked questions regarding 12A and 80G Registration in Noida for non-profit organizations:

Answer: 12A registration in Noida is granted by the Income Tax Department to non-profit organizations, exempting them from paying income tax on their surplus income. It is essential for NGOs and trusts to avail of tax exemptions on their income.

Answer: Organizations eligible for 12A registration in Noida include trusts, societies, NGOs, and Section 8 companies that are established for charitable or non-profit purposes and have valid registration under the relevant laws.

Answer: The main benefit is income tax exemption on surplus income, allowing organizations to utilize more funds for their charitable activities. It also enhances credibility and eligibility for receiving grants and donations.

Answer: 12A registration in Noida is typically valid for the lifetime of the organization. However, periodic revalidation may be required by the Income Tax Department.

Answer: 80G registration in Noida allows donors to claim tax deductions on donations made to registered non-profit organizations. It encourages donations by providing financial incentives to donors.

Answer: Donors can claim tax deductions up to 50% of the donated amount under Section 80G of the Income Tax Act, subject to certain limits and conditions. It incentivizes individuals and corporations to contribute to charitable causes.

Answer: NGOs, trusts, societies, and Section 8 companies can apply for 80G registration in Noida if they meet the criteria set by the Income Tax Department, including maintaining proper accounts and filing income tax returns.

Answer: Initially, 80G certification in Noida may be granted for a period of 1 to 3 years. After this period, it may be extended indefinitely, subject to periodic revalidation by the Income Tax Department.

Answer: Organizations must comply with annual filing requirements, including filing income tax returns (Form ITR-7), maintaining audited financial statements, and submitting activity reports. Regular compliance checks and updates are necessary.

Answer: Common reasons include incomplete documentation, non-compliance with eligibility criteria, financial irregularities, lack of clarity in objectives and activities, and failure to meet reporting and filing requirements.

Answer: Organizations can avoid rejections by thoroughly preparing and reviewing all documents, ensuring compliance with eligibility criteria, maintaining clarity in their objectives and financial records, and staying updated on regulatory requirements.

Answer: You can seek assistance from Chartered Accountants specializing in non-profit taxation, legal advisors, or directly from the Income Tax Department’s website and helpline for guidance on the application process.

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