Refund of tickets, waiver of the coupon under the Cura Italia Regulation can turn the amounts paid for the purchase into donations to the cultural institution. With Resolution 40 / E of 15 July 2020, the Revenue Agency emphasizes that these liberal payments can be included in the art bonus, if the requirements for recognition of the tax credit are met.
Refund tickets, in the case of waiving the coupon, the sum can be one donation in favor of cultural sites? In which cases can the bonus art be used?
The questions provide clarification Resolution number 40 / E of 15 July 2020. In the internship document, Inland Revenue explains that when it is safe requirements for art bonus, the coupon exemption may be a donation to the organizing body.
The financial administration announces conditions to be met and that necessary conditions to get tax.
Refund of tickets, the waiver can be a donation with art bonus
The refund of tickets related to cultural events can become one donation which is part of the bonus art.
The audit authority̵
- Revenue Agency Resolution 40 / E of 15 July 2020
- Theater performance canceled due to epidemiological emergency – Insurance of the coupon / refund of the beneficiary – Relevance as a liberal payment – Art-bonus tax credit – Attendance.
Specifically, the request comes from one symphonic lyrical basis who intends to give opportunity to convert the refund by issuing a voucher, based on the provisions of the Cura Italia Regulation, inliberal delivery which can be included in the art bonus.
After requesting and receiving opinion of the Ministry of Cultural Heritage and Activities and Tourism, MiBACTRevenue Agency provides this option provided that the tax credit requirements provided for in Article 1 of the Decree Act of 31 May 2014, n. 83, converted, as amended, by the Act of 29 July 2014, n. 106.
The explanatory memorandum reports the opinion of MiBACT, which, having established that the immediate basis is among those for which the bonus art can be requested, emphasizes that:
“The withdrawal of the coupon within the specified conditions can be considered as a liberal cash supply that is entitled to the tax relief in question.”
However, the same opinion also specifies that:
“However, the application of the Art Bonus is conditional on the express acknowledgment of the reason for the amount received (rectius, not refundable by the coupon) as a donation, a circumstance which in the opinion of this Office appears to be met by the issue of a specific certificate, against the recipients of the coupon waiving the same, which recognizes and specifically identifies, in amounts and reasons, the liberal payment arranged for the benefit of the Foundation. “
In other words waiving the coupon, which replaces the cash refund, represents aliberal delivery valid for the recognition of tax credit provided bybonus const.
The methods and clarifications in circular number 19 on 8 July 2020 must be respected.
Ticket refund, the possibility according to the Cura Italia decree
Refund of tickets that have been canceled due toAcute coronavirus can be refunded throughissuing a coupon to the buyer.
This possibility is foreseen byArticle 88, paragraph 1, by the Cura Italia Decree, or DL No. 18/2020.
Buyers are not entitled to a substantial refund of the amount paid for the canceled show but can present, within thirty days from the date of entry into force of the decree or from the date of notification of the impossibility of the performance, a request for refund to the organizer, attach the relevant purchase document.
The organizer then publishes one coupons of the same amount which must be used within the next 18 months.
The waiver of this voucher, as expected by the MiBACT Opinion and explained by the Revenue Agency’s practice document, may be converted into aliberal payment in favor of the organizing body.
This donation may be valid for the recognition ofbonus const, provided that the terms of the tax credit are respected, which are summarized by Inland Revenue.
Ticket refund, the conditions for being entitled to the tax payment for the art bonus
IN Resolution 40 / E of 2020 The Revenue Agency summarizes the conditions that must be met to be eligible for the tax credit provided byArticle 1 of the Layer Decree of 31 May 2014, n. 83, converted, with amendments, by law July 29, 2014, n. 106.
L ‘bonus const consists of a 65% tax relief on payments made in cash by natural persons, non-commercial entities and subjects with business income.
The facility provided within the limits of 15% of taxable income for individual and non-commercial entities and within the limits of 5 thousand of annual income for business owners.
The tax deduction is divided into three annual installments of the same amount.
Interventions covered by the tax credit are specified in circular no. 24 / E of 31 July 2014:
- interventions maintenance, protection and restoration of public cultural assets;
- support from institutions and cultural sites belonging to the public (as defined in Article 101 of the Code of Cultural and Landscape Heritage referred to in Legislative Decree No 42 of 22 January 2004), lyrical-symphonic foundations and traditional theaters, institutions, concert orchestras, national theaters, theaters with significant cultural interest, festivals, companies and centers for theater and dance production as well as distribution circles;
- realization of new structures, restoration and upgrading existing by public bodies or institutions which, for profit, engage exclusively in entertainment activities;
- realization of restoration, protection and maintenance of public cultural assets if there are concessionaires or managers of the asset itself.
The institution in whose donations are made must also meet the requirementpublic connection, an aspect addressed by several Revenue Agency internship papers.