ONLUS

Onlus is the acronym for Non-Profit Organization of Social Utility and defines a qualification relevant for tax purposes that can be obtained by some non-profit entities in compliance with the requirements set out in Legislative Decree 460/1997. It will cease to exist following the entry into force of the Single National Register of the Third Sector (RUNTS).

All Associations, Committees, Foundations, Cooperative Societies and other private bodies which have certain statutory requirements, carry out activities in favor of disadvantaged individuals (including abroad in the form of humanitarian aid) and which operate in certain business sectors.

Voluntary Organizations (ODV), Social Cooperatives and Non-Governmental Organizations (NGOs) are non-profit organizations by law, as the special regulations already provide for similar requirements.

What are the statutory requirements of a non-profit organization?
The statutory requirements (therefore what must be provided for in the organisation’s statute) required to obtain the qualification of a non-profit organization are:

the carrying out of activities in one or more sectors provided for by law the exclusive pursuit of social solidarity purposes;
the prohibition on carrying out activities other than those required by law with the exception of those directly connected to them;
the prohibition on distributing, even indirectly, profits and operating surpluses as well as funds, reserves or capital during the life of the organization, unless the destination or distribution is imposed by law or is carried out in favor of other non-profit organizations that by law, statute or regulation they are part of the same and unitary structure;
the obligation to use profits or operating surpluses for the implementation of institutional activities and those directly connected to them;
the obligation to donate the organisation’s assets, in the event of its dissolution for any reason, to other non-profit organizations of social utility or for purposes of public utility;
the obligation to draw up the annual budget or report;
uniform regulation of the associative relationship and of the associative methods aimed at guaranteeing the effectiveness of the relationship itself, expressly excluding the temporary nature of participation in the associative life and providing for adult members or participants the right to vote for approval and modifications of the statute and regulations and for the appointment of the governing bodies of the Association;
the use, in the name and in any distinctive sign or communication addressed to the public, of the phrase “non-profit organization of social utility” or of the acronym Onlus