The art. 82 of Legislative Decree no. 117/2017, which was the subject of the latest corrective decree to the recently published Code, regulates the discipline on indirect taxes applicable to the ETS and is one of the provisions of the Code in force since 1 January 2018 which can be applied in the phase transitional to Onlus, OdV and APS.
The regulation exempts the Third Sector Entities from paying the registration tax for the amendments to the by-laws and the additions necessary for the purposes of the adaptation.
It also establishes the exemption from registration tax for all articles of incorporation and those connected with the performance of the activities of the SBs; provision sanctioned pursuant to art. 8, paragraph 1, law n. 266/1991, reintroduced with the corrective and which had initially been subject to repeal.
To other operations other than these mandatory, including extraordinary ones pursuant to art. 42 bis of the civil code (introduced by article 98 of the CTS), even if they provide for contributions to the entity's assets, a fixed registration tax may instead be applied, a measure that allows for aligning the tax treatment with that of corporate transactions. Similarly, for the deeds of transfer of real estate properties for consideration and for those transferring or constituting real estate enjoyment rights in favor of ETS, the payment of fixed registration, mortgage and cadastral taxes is determined, provided that:
- within five years of the transfer, the assets are used in direct implementation of the institutional purposes or the corporate purpose; And
- simultaneously with the signing of the transfer deed, the entity is required to make a specific declaration on the intention to use the asset for the realization of purely institutional purposes.
In this regard, it should be remembered that in the event of a false declaration or non-use, in addition to the ordinary tax, default interest will be due starting from the transfer and the payment of a fine must also be honoured.
