The Decree 19/05/2021, No. 107, Regulations pursuant to Article 6 of Legislative Decree No. 117 of 2017 (Code of the Third Sector), concerning the identification of criteria and limits of various activities non-profit organizations (NPOs), has been published in the Italian Official Journal, No. 177 of 26/07/2021.
This decree will come into force on 10/08/2021, and it will be applicable to all third-sector entities registered in Italy’s Register for the Third Sector (or “RUNTS”), which is expected to be operational within this year.
Therefore, it will concern volunteer organizations and associations for social promotion, already qualified as NPOs in the transitional period, but also to all entities that will be enrolled in this new register.
The new parameters will come into effect from next year, as they are based on the ratio between the entity’s income and expenditure, as well as the results at the end of the financial year.
For other non-profit organizations, Legislative Decree 460/1997 will still apply until the end of the tax period in which the EU review of the tax schemes of the Third-Sector Code will take place.
The new decree provides for qualitative and quantitative parameters. From a “qualitative” standpoint, any activity whose income is reinvested in the institutional purposes of the NPO will be considered “other”. From a quantitative standpoint, in order to qualify as “other” activities, the relevant revenues must not exceed 30% of total revenues or 66% of total costs.