The decree law approved on May 14, which will be published in the Official Gazette next Monday, provides support measures for the Third Sector that we have reconstructed for you.
TAX CREDIT FOR LEASE FEES FOR NON-RESIDENTIAL PROPERTY (article 31).
Non-commercial entities, including third sector entities and civilly recognized religious entities, are entitled to a tax credit in the amount of 60 percent of the monthly amount of the rental, leasing or concession fee for non-residential properties intended for carrying out the institutional activity.
The tax credit is commensurate with the amount paid in the 2020 tax period with reference to each of the months of March, April and May.
The tax credit does not contribute to the formation of income for the purposes of income taxes and of the value of production for the purposes of the regional tax on productive activities.
It can be used in the tax return relating to the tax period in which the expenditure was incurred or in compensation after the payment of the fees. The person having the right, instead of using it directly, can opt for the transfer of the tax credit to the lessor or grantor against a discount of the same amount on the rent to be paid. Finally, the tax credit can, instead of using it directly, be transferred to other entities, including credit institutions and other financial intermediaries, with the option of subsequently transferring the credit.
The implementation methods of the aforementioned provisions will be defined with a provision of the director of the Revenue Agency, to be issued within twenty days of the date of entry into force of the decree-law.
TAX CREDIT FOR THE ADJUSTMENT OF WORKPLACES (art 128 bis).
In order to support and encourage the adoption of measures linked to the need to adapt production processes and work environments, also to associations, foundations and other private entities, including third sector entities, a credit of tax equal to 60 percent of the expenses incurred in 2020, for a maximum of 80,000 euros, in relation to the interventions necessary to enforce the health requirements and the containment measures against the spread of the COVID-19 virus, including those construction necessary for the renovation of changing rooms and canteens, for the construction of medical spaces, entrances and common areas, for the purchase of safety furnishings, as well as in relation to investments in innovative activities, including those necessary for investments of an innovative nature such as the development or purchase of tools and technologies necessary for carrying out the work activity and for the purchase of equipment for the co Temperature control of employees and users.
The tax credit, which can be combined with other concessions for the same expenses, in any case within the limit of the costs incurred, can be used in 2021 exclusively as compensation and can be transferred to other subjects, including credit institutions and other financial intermediaries, with the right to subsequent assignment of credit.
With one or more decrees of the Minister of Economic Development, the additional admissible expenses or subjects having the right can be identified.
TAX CREDIT FOR WORKPLACE SANITATION EXPENSES (art 130 quater).
In order to encourage the adoption of measures aimed at containing and countering the spread of the Covid-19 virus, subjects exercising the arts and professions, non-commercial entities, including third party entities in the sector and civilly recognized religious entities, have a tax credit equal to 60 percent of the expenses incurred in 2020 for the sanitization of the environments and tools used, as well as for the purchase of personal protective equipment and other devices designed to guarantee the health of workers and users . The tax credit is due up to a maximum of 60,000 euros for each beneficiary, within the overall limit of 200 million euros for the year 2020.
Expenses incurred for:
a) the sanitization of the environments in which the work and institutional activity is carried out and of the tools used in the context of these activities;
b) the purchase of personal protective equipment, such as masks, gloves, visors and protective goggles, protective overalls and footwear, which comply with the essential safety requirements established by European legislation;
c) the purchase of detergents and disinfectants;
d) the purchase of safety devices other than those referred to in letter b), such as thermometers, thermoscanners, carpets and decontaminating and sanitizing trays, which comply with the essential safety requirements established by European legislation, including any costs of installation;
e) for the purchase of devices designed to guarantee the interpersonal safety distance, such as barriers and protective panels, including any installation costs.
The tax credit can be used in the tax return relating to the tax period in which the expenditure was incurred or in compensation, pursuant to article 17 of the legislative decree of 9 July 1997, n. 241.
The tax credit does not contribute to the formation of income for the purposes of income taxes and of the value of production for the purposes of the regional tax on productive activities.
The criteria and methods of application and use of the tax credit are established by provision of the director of the Revenue Agency, to be issued within 30 days of the date of publication of the law converting the decree law.
CONTRIBUTIONS FOR THE SAFETY AND THE STRENGTHENING OF HEALTHCARE FACILITIES (art. 80).
Contributions for the purchase of devices and other personal protective equipment provided for by art. 43 of the Cura Italia Decree for companies are extended to the Third Sector Entities referred to in article 4, paragraph 1, of the legislative decree 3 July 2017, n. 117.
TEMPORARY MEASURES TO SUPPORT LIQUIDITY (Article 106).
The temporary measures for liquidity support referred to in article 1 of the decree-law, n. 23 of 2020 are extended to non-commercial entities, including third sector entities and civilly recognized religious entities that carry out activities of general interest not under the corporate regime.
Pursuant to art. 1 of the Legislative Decree Liquidity SACE S.p.A. grants guarantees until 31 December 2020 in favor of banks, national and international financial institutions and other entities authorized to provide credit in Italy, for loans in any form to the entities listed above.
INCREMENTO FONDO TERZO SETTORE (art 107).
In order to support voluntary organisations, social promotion associations and Third sector foundations through interventions aimed at tackling the social and welfare emergencies caused by the COVID -19 epidemic, the second section of the Fund referred to in article 72 of Legislative Decree No. 117 of 3 July 2017 is increased by 100 million euros for the year 2020.
ACCELERATION OF THE PROCEDURES FOR THE ALLOCATION OF THE 5 PER 1000 FOR THE FINANCIAL YEAR 2019 (art 167).
In order to deal with the difficulties encountered by third sector entities carrying out activities of significant social interest and the imminent need for liquidity highlighted following the Covid-19 health emergency, the regulation anticipates the disbursement of the five-year contribution to 2020 per thousand relating to the 2019 financial year. To this end, the provision accelerates the procedures for disbursing the contribution. Consequently, the Revenue Agency publishes the lists of entities admitted to the benefit on its institutional website by 31 July 2020 and the competent administrations proceed with the disbursement of the contribution by the following 31 October.
SUPPORT FOR THE THIRD SECTOR IN THE SOUTHERN REGIONS (art 236).
The law provides for the granting of a contribution to entities operating in the Third Sector in the Southern Regions, in order to deal with the effects of the Covid-19 emergency. The total allocation for the measure, drawn from the Fund for development and cohesion, is equal to 120 million euros for the year 2020, of which 20 million reserved for interventions to combat educational poverty.