We wish to inform all customers organised in an association that, following approval by the European Commission with its own comfort letter from 2025, of the provisions contained in Title X of the Third Sector Code (Legislative Decree 117/2017), from 1 January 2026 the favourable regime referred to in Law 398/1991 (so-called “Regime 398”) will no longer be applicable to unincorporated associations, unless it concerns ASD or SSD that retain the prescribed requirements.
Consequently, such entities will have to determine their income by applying the flat-rate scheme referred to in Article 145 of the TUIR, or by applying the ordinary regime.
In any case, the VAT simplifications specific to Regime 398 lapse: the VAT due resulting from ordinary calculations must be paid in full, deducting any VAT credit, and the Annual VAT Declaration must be submitted within the deadlines provided by DPR 633/1972.
While remaining at your disposal for any doubts or requests for clarification, we would like to take this opportunity to extend our best regards to all.