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Organisations · Non-profit

Non-profit associations and the third sector in Italy

Being non-profit does not mean having no obligations. An association has a codice fiscale (Italian tax code), keeps accounts, files returns when it carries out commercial activity, and has a governing body that answers for what it does.

01 · Getting started

How a non-profit association is formed

You need at least a deed of incorporation and articles of association, and the choice of form affects everything that follows.

  • The articles must contain specific clauses to access the favourable schemes: a ban on distributing profits, the destination of assets on dissolution, democratic governance.
  • The unrecognised association is the simplest form, but those who act on its behalf are personally liable.
  • The recognised association has legal personality and its own separate assets, with minimum asset requirements.
  • The choice between ODV, APS and other statuses depends on the activity carried out and on the make-up of the membership.
  1. Deed of incorporation and articles

    By registered private agreement or by public deed. The articles set out the purpose, the governing bodies, the fees and the rules for admitting and excluding members.

  2. The codice fiscale

    You apply to the Agenzia delle Entrate (the Italian Revenue Agency): you need it to open a bank account, receive grants and sign contracts.

  3. The partita IVA

    The partita IVA (Italian VAT number) is needed only if the association carries out commercial activity, even marginal. It is not automatic.

  4. Registering with the RUNTS

    To obtain third sector organisation status, with the benefits and obligations it brings.

The articles are the document everything rests on: the clauses required for the favourable schemes are not boilerplate, and without them the association cannot access the benefits even when it operates correctly. It is worth writing them properly from the start.
02 · The register

The national register of the third sector (RUNTS)

The Registro unico nazionale del terzo settore is the register where organisations that want ETS status (ente del terzo settore, third sector organisation) are entered, with the relief and obligations that follow.

  • Registration gives access to tax relief and to the possibility of receiving the cinque per mille (the 0.5% of income tax that taxpayers can assign to an organisation).
  • It also brings obligations: annual accounts or a financial report, filing, transparency, insurance for volunteers.
  • Organisations above certain thresholds must appoint a supervisory body.
  • A register of volunteers is compulsory for organisations that use them.
  • Losing the requirements leads to removal from the register and the transfer of the assets.
StatusMain feature
ODV (organizzazione di volontariato, voluntary organisation)Activity carried out mainly by volunteers, with requirements on their number
APS (associazione di promozione sociale, social promotion association)Activity for members or third parties, with a broad membership base
Philanthropic organisationGrants of money, goods or services
Social enterpriseStable business activity of general interest
Other ETSsOrganisations that do not fall into the specific categories
03 · The key distinction

Institutional activity and commercial activity

This is the distinction on which the whole tax treatment depends, and the one that causes the most mistakes.

  • Institutional activity is carried out in line with the purpose in the articles, for members or the community, without specific payments in return.
  • Membership fees are not payments for services and do not count as income.
  • Public grants and donations have their own treatment.
  • Commercial activity involves specific payments from third parties: a members' bar, selling goods, paid services.
  • Commercial activity requires a partita IVA, separate accounts and tax returns.
  • Some activities for members are treated as non-commercial when conditions in the articles and in practice are met.

The most frequent risk

The activity being reclassified.

  • Specific payments disguised as membership fees
  • Activity for third parties presented as institutional
  • Missing clauses in the articles needed for non-commercial treatment
  • A single set of accounts, with no separation between the two sides
Let's set up the accounts
04 · The documents

What accounts you need

The obligations are proportionate to the size and nature of the activity carried out.

Cash-based financial report

For organisations below an income threshold: a simplified document showing receipts and payments.

Annual accounts

For organisations above the threshold: balance sheet, statement of activities and mission report.

Separate accounts

Compulsory when there is commercial activity: the two sides are not mixed.

VAT registers

For the commercial activity only, under the ordinary rules or the flat-rate schemes provided.

Filing

The annual accounts or financial report must be filed with the RUNTS by the set deadlines.

Register of volunteers

Compulsory for anyone using volunteers, together with insurance cover.

05 · Taxes and relief

How non-profit associations are taxed

Third sector organisations enjoy favourable schemes, but they are not exempt from everything.

  • Income from commercial activity is taxed, with the option of favourable flat-rate schemes.
  • Membership fees and grants do not count as income.
  • Donations received give the donor a tax deduction or allowance, with traceability requirements.
  • The cinque per mille is available to registered organisations, which must account for the sums received.
  • There is relief on indirect taxes and local taxes, depending on the status.
  • The organisation is a sostituto d'imposta (withholding agent) for the pay it gives out: see Form 770.
An association that pays a collaborator, a professional or an employee must apply withholding tax, issue the Certificazioni Uniche (annual income statements) and file Form 770, exactly like a business. It is the most neglected obligation in small organisations.
06 · What to avoid

The most costly mistakes

Almost all of them come from the belief that being non-profit exempts you from the obligations.

  • Not opening a partita IVA despite carrying out commercial activity, even on a small scale.
  • Not keeping separate accounts for the institutional and commercial sides.
  • Using membership fees as payment for specific services.
  • Not applying withholding tax on the pay given out.
  • Not filing the annual accounts or financial report on time.
  • Not insuring volunteers, an obligation that falls on the organisation and whose breach has personal consequences too.
In unrecognised associations, those who act in the name of the organisation are personally and jointly liable for the obligations taken on. That is why the chair and board members have a direct interest in making sure the obligations are in order: the consequences do not stay inside the organisation.
Frequently asked

The questions that keep coming up

Does my association need a partita IVA?

Only if it carries out commercial activity, that is, it supplies goods or services for specific payments. Membership fees and grants alone do not make it necessary.

Be careful, though: even marginal, occasional commercial activity can trigger it. The check is based on the substance of what you do, not on your intentions.

Are membership fees taxed?

No, the fees paid by members are not payments for services and do not form part of the organisation's income.

It is different when the fee is really the price of a specific service: then the transaction can be reclassified as commercial, with all the consequences. It is the most frequent challenge in this sector.

Do I have to register with the RUNTS?

It is not compulsory as such: an association can exist and operate without registering. Registration is the condition for obtaining ETS status and the related relief.

It does bring obligations, however: annual accounts or a financial report, filing, transparency, insurance for volunteers, a supervisory body above certain thresholds. The choice should be made by weighing the benefits against the obligations.

We pay an instructor. What do we have to do?

The association is a withholding agent: it must apply withholding tax to the pay, pay it over by the monthly deadline, issue the Certificazione Unica and file Form 770.

If it is an amateur sports collaboration, separate rules apply, with exemption thresholds and specific contribution obligations. It needs to be classified correctly before the first payment.

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The distinction between institutional and commercial activity underpins everything else

Set up properly from the start, an association's accounts are simple. Set up badly, they become a serious problem.