Sebok wg 2 final report


Tax Concession for institution of associative type



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Tax Concession for institution of associative type

To the associative institution is entirely applicable the not commercial institution’s discipline and they can also benefit further concessions related to the associative activities. Therefore all the sums given by members or associates as contributes or associative fee don’t form the total taxable income, instead if the sums would have been given for commercial activities that the associative institution would perform toward members or associate they would form the total taxable income.






Association with peculiar discipline

Different rules are instead applicable for the following associations:



  1. politics

  2. categorical and trade-union

  3. religious

  4. assistance

  5. cultural

  6. sportive and non professional

  7. social promotion

  8. extra-curricular formation

under the condition that the constitutive act or the statute contain clauses direct to:



  1. forbid distribution of gains, management cash in hand, fund, reserves or capital, during the association’s business life, except for the cases provided by the law;




  1. transfer the association’s asset, in case of disband, to other association with the same finality or to public utility finality, except the case where the law states some other destinations.




  1. guarantee the realization of the associative relation, excluding any temporal limitation at the member participation and providing for the member older than 18 the right to vote in the assembly.




  1. Draw up an annual revenue account (item 21 glossary). All the sums, contributes, supplementary fees given by the members or associates to this kind of associations to execute performances toward themselves form the taxable association’s income, unless this performances would be directed to:

  • realize the institutional purposes,

  • the members or associates actively involved in the whole association dynamic (rights and obligations) eligibility to social positions, right of vote etc. For ex. sportive courses provided by not professional associations, tutor expenses and teaching equipment formatives courses provided by cultural associations etc.

Nonetheless, for this association certain activities are presumed commercial as well:



  1. transfer of new goods manufactured from the same associations

  2. water, gas, power and steam supply

  3. management of exposition with a commercial nature

  4. management of factory shop, staff canteen and meal supply

  5. transportation and depot ( goods and people)

  6. travel organizing along with residence

  7. hotel accommodation and lodging

  8. harbour and airport services

  9. commercial advertising

  10. telecommunications and broadcasting

There are exceptions at the commerciality presumption of this activities.


III FUNDING STRATEGY FOR SOCIAL ECONOMY

1 - What funding instruments are used by social economy? (please provide us with the list and short description of popularity, constraints, etc.)

OPPORTUNITIES OF FUNDING IN A NATIONAL AND REGIONAL ENVIRONMENT
The main source of funding for the social enterprise it’s called Fertility Program managed by the national agency develop Italy.

This program’s purpose it’s to improve the social enterprise phenomenon, making it a critic factor, in order to make stronger the welfare territorial system through a process of economic development able to create new initiative and fight the national unemployment.

This program aim to capitalize social cooperatives and their consortium trough:


  1. contributes in order to enlarge the patrimonial of the recipient that double the social asset as it is in the constitutive act, up to 2.000.000 Euro.

  2. Contributes in order to reduce general costs and financial burdens of the recipient, up to 80.000 Euro in three years.

  3. Contributes to support activity’s costs of orientation, formation, planning and tutelage, up to 50.000.

In the two year course 2003-2004, 160 enterprises had been financed and they generated more than 35 MEURO of investments ( compared to less of 30 MEURO allocated). At the end of the third years from the constitution almost all the financed enterprises were still in business. New workers employed were over thousand of whom over 50% belonged to indigent categories.

There are several funding opportunity provided by national or regional sectoral law.

A summary of the entire national and of the region Lombardy discipline and on line classes it’s available on: www.formaper.com/sociale/2/normativa/normative.html

arranged by Formaper which is a specialized agency of Milan’s board trade.

Among all the regional law, particularly significant seem to be the one from Sardinia, precisely law 22 April 1997 n. 16 regulation about promotion and development to the social cooperation. Sardinia autonomous region in order to push initiative of social cooperation which are directed to create new employment, grant:



  • Contributes to the introduction and consolidation (art. 17)

  • Contributes to the acquisition of specific equipment (art.18)

  • Contributes in occupation account and for determined services

Another law seem to be particularly interesting to understand our object, precisely:


Art.21 contributes to the consortium of social cooperatives

  1. to the consortium disciplined on art.8 law 381/1991 are granted financing for:

  1. technique and administrative consulting activities toward social cooperatives

  2. services direct to promote and commercialize products of the social cooperatives.



  1. for the purposes considered by paragraph 1 there is a contribute equal to 50 % of the expenses judged admissible basing on a determined project presented by the consortium.




  1. a contribute is given to a pluralities of social cooperatives that are willing to get together and create a consortium. This contribute is equal to 30% of the capital quota invested by any social cooperatives in the consortium.



The opportunities offered by the Italian tax discipline

The 2006 financial act has introduced, as experiment, the taxpayer’s choice to donate the 5 per thousand of the personal income tax to support voluntarism, not for profit organizations, social promotion association, other recognized foundation or association, scientific research, university, medical research, social activities performed in the area of residence of the taxpayer.

Based on the article 14 law 80/2005, about Not for profit and other organism of the third sector:


  1. money or natural liberality allocated by physical persons or institution subjected to enterprises tax income to not lucrative organizations with social utility purposes art.10, paragraph 1, 8,9 of the ordinance 4/12/1997 n 460, as well as those allocated to social promotion association registered in the national register, art. 7 paragraph 1and 2, law 7/12/2000 n.383, and toward recognized foundations and associations with a statutory purpose of pursuing the tutelage and promotion and enhancement of the artistic, historical and landscape paintings interests, ordinance 22 January 2004, n.42, are deductible up to 10% of the declared total income with a limit of 70.000 Euro per year.



Access to the European Union resources for the social economy

Always more often the third’s sector operators are involved in projects that need the co- financing of the European Union trough structural fund or community programs directly managed. The access to this resources allow an enlargement of the organization’s infrastructural endowment, the creation of new strategies in order to realize the institutional finalities, the strengthening of the human resources, experiences human resources and methods sharing with other realities of other territorial environment, integration and concentration of intervention with those provided by others in the same sector or geographic area.

Trough this system of joined promotion and development, the third sector operator try to consolidate their partnership with other organization whether if public or private, with whom often they have to share integrated path of need’s analysis, set up priorities and intervention strategies, co-projection of innovative action, monitoring and evaluation of the same. Put in other words the third sector operators hold the position of co-decision maker of the local, regional, national and international politics(law 328/2000, regional law 23/2005, regional law 20/2005 etc.)

These groups of work among stakeholders bring to an integration of each politics and a reciprocal improvement of each professional contributes.

It’s acknowledged that a country’s economics development depend on the amount of social capital that the same country is able to produce.

The social economy organization have the role of mediator and they make easier the relation among all the social actors strengthening the fiduciary relation and starting circuits of mutuality among stakeholders.

The third sector organization, mainly those with entrepreneurial nature, becoming strategic partner of the public administration are obviously favoured by the system of procurement , which define the procedures of assignation of different tasks.
In Italy have been present for years systematic process and juridical instruments able to facilitate the negotiated planning and the shared management, among different actors, of the labour, educational and social politics.

The use of the European community resources become much more important when it comes about late in development countries compared to the European average.

The modality ( limited deposit or distribution only in return of he effective supported expenses) of distribution of this resources can create financial argument among not lucrative organizations, at least for those (and they are the majority) with a finance situation. This, very often, imply the recourse to banking indebtedness to finance the access to European co-financing. Moreover the finance burden, often important, are not always imputable to the statement of the set up financing.

This situation sometimes bring some organization to renounce at this important financing channel because of the impossibility to set up strategy of fund raising to support long time period financial cycle subordinate to this initiative and to cover, as we said before, not imputable burdens.

All the initiative directed to make stronger social economy and to include a larger number of third’s sector actors goes trough structural fund planning.

In any territorial context are set up, inside general rule set up at an international level, the intervention modality in order to realize the purposes said before.

The region Sardinia, for example, it’s facing, these days, a really important round planning in order to set up the modality of use of a substantial amount of money coming from, at least the majority of it, European structural fund.

The modalities of employment of this 700 MEURO consist of planning integration that aim to concentrate and co-ordinate the interventions in different areas between public and private actors.

Around 100MEURO are destined to the interventions in the social inclusion area where are mainly active private socials organizations that, these days are experiencing something close to the activation phase of the development equal partnership for the setting up of the so called “shareholder agreement”.

They are about strategic partnership that try to activate, in determined territorial areas, a harmonic mix of infrastructural initiative, aimed incentives, action of system and intervention of strengthening of human resources in order to increase social inclusion or reduce the exclusion risk of vulnerable subjects.

Follow a list of typology of intervention:


  1. restructuring, adjustment, completion and creation of infrastructure and equipment of welfare services.

  2. innovative action directed to integrate indigent subjects.

  3. technical assistance to the elaboration, realization, and verify of the local unitary plan of the person services and to the realization and management of the social politics provincial observatory.

  4. strengthening of the entrepreneurship in social fields.

  5. ethics fund for new micro-enterprises.

  6. service centre for the working insert of disadvantage subjects ( activity extension).

  7. integrated project of working insert of disadvantaged subjects ( handicapped, immigrants, former drug addicted).

  8. small subsidy

  9. project of working integration between Sardinian women and immigrants women

  10. formation program for the third sector (voluntary).

  11. contributes to public and private enterprises for innovative action in the labour reorganization and activation of care services for employees with

under 18 children (creation of kindergarten) or disabled children and teleworking promotion.



  1. realization and strengthening of the services directed to rural population.

For this region a special activation procedure of public transparency is provided to be admitted at this specific resources, which detail possibly beneficiary and the allocated resources for any financing typology.

The organizations willing to propose intervention included at paragraph III they must apply with the modality requested by the specific advise which correspond to the measure 5.2 .a of the Sardinia region 2000-2006 operative program. Will follow details on the financing opportunity.
POR SARDEGNA 2000 – 2006 ASSE V

Measure 5.2 “ life’s quality in the city” : improvement of the social and assistance services”

PUBLIC NOTICE OF SELECTION TO ACTIVATE MEASURE 5.2 – Action 5.2a



Art.3 TYPOLOGY OF FINANCING INTERVENTION
According to what provided from Measure 5.2, Action 5.2a, the current notice finance the restructuring, adjustment, completion of public or private structure abandoned, underutilized or not utilized, as well as the necessary furniture and equipment to realize the following typology of interventions:

    1. residential and/or partially residential structure with elevate therapeutic purposes, with continuative support (24/7), destined to hospitalize people with mental disturbs.

    2. residential and/or partially residential structure for handicapped

    3. residential and/or partially residential structure destined to hospitalize young and adults in difficult conditions

    4. social integration structure and or working for unprivileged people

    5. first aid centre with residential finality directed to harassed people and weak subjects that are experiencing a transitory situation particularly harsh

    6. structure directed against exploitation of prostitution


Art.5 final beneficiary
The following organism are allowed to present request of financing


  1. city council, districts

  2. not for profit organization ordinance 460/97

  3. Social cooperatives law 381/1981 and regional law 6/1997

  4. Voluntary organization enrolled in the regional register about voluntarism art.5 regional law 39/1993

  5. Association of social promotion 383/2000

  6. Public Welfare and Charity Institution

  7. Institution and organism enrolled in the regional register, art.42 regional law 4/1998 when the regional law 23/2005 became effective



Art.6 finance availability
The total amount of the finance resources for the current grant ( FESR contribution + national contribution + regional contribution) it’s up to 9.200.000,00 Euro.


Financed intervention typologies

Maximum admissible financing per typology

Total financing per typology

a- Residential or semi-residential structures with therapeutic purpose for persons with mental desease.

€ 600.000

€ 3.200.000

b) Residential or semi-residential structures for disabled people.

€ 300.000

€ 2.000.000

c) Residential or semi-residential structures for young people or adult in trouble.

€ 500.000

€ 2.200.000

d) structures of social and/or work integration for disadvantaged people

€ 150.000

€ 700.000

e)Residential structures for violence victims


€ 150.000

€ 600.000

e) Structure operating in order to save women from prostitution and exploitation.

€ 200.000

€ 500.000

TOTAL


9.200.000


Credit access for the organizations of the social economy

As we saw before, small and medium enterprises and social private organizations in order to finance the executions of their own activities very often have to turn to banking indebtedness.

Banks, prior to issue a loan, make an evaluation based on certain parameters such as present and future presumed economic character of applying management, presence of patrimonial or personal guarantees able to reduce the risk of an eventual insolvency.

Applicant must know the parameters followed by banks to be able to make an eligibility self-valuation.

January first 2007 became effective a new disciplinary frame called BASEL II that ,while ruling capitalization’s bank level, it’s potentially able to influence the current followed rating system and consequently to extend the eligibility to weaker subjects.

The European union has kept under control for many years the evolution of the law credit access, as much as feel the need to finance researches about rating system followed by the bank and draw up a support guide for the small and medium enterprises in order to avoid them an exclusion from the banking finance.

This evaluation is made by an analyst that most of the time is an employee of the bank that has to decide on the financing convenience. All the banks, using as a leverage their own social responsibility, should contribute to support the organizations that trough their performances determine an enhancement of social capital in the community where they operate.

As we said less reliable subjects risk to be excluded, risk that can be cancelled with the integration of the rating system of elements able to catch the specificity of organizations that very often create a net system made of mutual support when it comes about creations of new trust relationship between these organizations and stakeholder belonging to a determined civil community which could be used as parameter for a deeper evaluation.

In this prospective might be particularly significant pay some attention to the same parameters that the organizations follow to draw up their own social statement.

The not lucrative enterprises tend to get together with other third’s sector organizations mainly for two reasons: to better represent their own interests and accomplish, together, common institutional purposes.

In Italy, Confcooperative –Federsolidarietà, Legacoop, Agci e Unci are the major coalitions of cooperatives which were created as a tutelage of politics union interest (umbrella organizations). We also have to add the third sector permanent forum that includes also the organizations without a marked entrepreneurial origin.

Has been a while since in Italy were founded organizations called “second level” directed to a better accomplishment of common finalities. This aggregations most of the time have the consortium Juridical form.

Very often the consortium of social enterprises become the main interlocutors of the Public administration which is now days still the main “market” of these organizations because of the vast diffusion of contracting out procedure.
In the most evolved territorial context new form of experimental private public social partnership are experienced due to the enlargement of regulations that aim to the develop trust relationship among different interest holder.

A recent phenomenon of the Italian social economy is about second level entrepreneurial organizations which tend to get together forming further third level organizations, which put together the entrepreneurial connotation to a strongly marked union politics connotation.

The participation to net or umbrella organizations allow the constitution of agency specialized in the credit access.

Beside the constitution of finance company i would like to underline the constitution of consortium and cooperative of credit guarantee. This organisms, beside making stronger the single aggregate organization capacity, tend to become the privileged interlocutors of the financial institutions and stipulate with them agreements that, generally, set up the reliability of the preliminary investigation carried by credit consortium with modalities shared by single banks. In a context like this, these organisms are really functional to a slim and fast interaction between banks and single organizations.



2. Who initiates creation of new products ( popularity of certain types of financial instruments)

In the Italian frame we can notice a missed growing trend of the no profit institution because of the following motivations:



    • choice or cultural approach,

    • current regulations,

    • sectorial specialization and public financing role,

    • lack of managerial and entrepreneurial competences ( main motive compared to credit insufficiency),

    • because of their own financial peculiarities. Structural difficulties in the credit access and limitation provided from traditional criteria of credit selection.


Credit and finance services demand



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