green light for social production and work cooperatives
With the answer to question no. 47 of January 21, 2022, the Revenue Agency clarified that they can take advantage of the Super bonus of 110% on the interventions that can be facilitated, the subjects who make use of a partial exemption from income tax, including the social production and work cooperatives in which the cost of the labor contribution of the shareholders is greater than 50% of the total cost of the labor and that they set aside 3% of the profits subject to the IRES to the reserve, as required by art. 6 co. 1 of Legislative Decree 63/2002.
The question proposed by the cooperative
The request for a decision was submitted by a social cooperative of type a) belonging to the category of production and work cooperatives, in which thecontribution of the work of the partners It results to be more than 50% of the total labor costs.
As stated in art. 1 of Law no. 381/1991 qualifies as type a) social cooperativesmutuality prevailing by law like all social cooperatives, those whose purpose is to pursue the general interest of the community in the human promotion and social integration of citizens through management of social, health and educational services.
Social cooperatives can also be included in the category of production and work cooperatives for which, for the purposes of their tax treatment, art. 11 of Presidential Decree 601/1973 provides for theIRES exemption the income realized if the amount of the remuneration actually paid to the shareholders, who carry out their work with a continuing nature, they are not less than 50 percent the total amount of other costs, excluding raw and auxiliary materials.
The cooperative, which is precisely in the situation described above, observes that from the 2012 tax period, art. 6, co. 1 of Legislative Decree 63/2002 reduced the share of net profits excluded from tax, provided that the exclusion provided for in s. 12 of Law 904/1977 does not apply to the 10 percent share of the annual net profits allocated to the minimum reserve requirement.
In other words, considering that under paragraph 1 ofcod item 2545-quater. civil.all cooperatives must obligatorily allocate to the legal reserve (regardless of the amount) at least 30% of annual net profitit follows that an amount equal to 3 percent of the budget result (10 percent x 30 percent) will contribute to taxation.
After describing his situation, the applicant expressed his intention to carry out the construction work of its real estate assetsinstrumental by nature or by destination, benefiting from the tax advantages referred to in articles 119 and 121 of the stimulus decree and, with regard to this work, the association asked to know whether the the use of the Superbonus referred to in art. 119 of Legislative Decree 34 of 2020.
The position of the Revenue Agency
In accordance with what the cooperative proposes, theFinancial administration responded positively to the request, specifying that on the occurrence of the conditions provided for by law also the social cooperativewhich holds both the status of production and work cooperative, can access the Superbonus because it only partially exempts the net profit for the year.
Examine the subjective requirements to access the maximum tax benefit, described in paragraphs 9 and 10 of art. 119 of Legislative Decree 34 of 2020in principle, the deduction is not for subjects who have no taxable income, who cannot even opt for the alternative modes of use, namely the discount on the invoice or the assignment of credit.
In this regard, with the recent response to decision no. 253 of 2021, the Revenue Agency had denied the possibility of using the Superbonus to social production and work cooperatives under the hypothesis of total exemption from income tax provided for byart. 11 of Presidential Decree 601 of 1973which is also excluded from the invoice discount option or from the assignment of the credit note corresponding to the deduction.
With the current response, the tax administration takes a step forward in relation to this position by admitting the possibility of accessing the advantage if the economic subject benefits from a partial exemption from income taxwith the possibility of opting in this case for all the alternative methods provided for byart. 121 of the relaunch decree.
In essence, therefore, if the social cooperative taxed an amount equal to 3 percent of the budgetary result, this case can be assimilated to the hypothesis of partial exemption, with the consequence of being able to benefit from the deduction of the Superbonus in relation to the tax periods in which, in addition to bearing the costs of the facilitated interventions, allocations to the useful reserve for which you find applications the provisions of paragraph 1 of article 6 of Legislative Decree no. 63 of 2002without prejudice to the presence of all the conditions and conditions provided by law.
- Revenue Agency – Response to query number 47 of January 21, 2022
- Article 119, paragraph 9 letter d-bis) decree-law no. 34 of 2020. ONLUS Social Cooperative.