The sponsorship operation is regulated by Law no. 32/1994, with subsequent amendments and completions, and its fiscal treatment is provided by Law no. 227/2015 on the Fiscal Code, with subsequent amendments.
Sponsorship implies the conclusion of a contract, in written form, the content of which must result in the object of sponsorship, the value of the contract, the duration of sponsorship, the rights and obligations of the parties involved in the sponsorship act, ie the sponsor and the beneficiary.
Any natural or legal person from Romania or abroad who carries out a sponsorship in accordance with the law is considered a sponsor.
Natural or legal persons in Romania cannot carry out sponsorship or mecenat activities from sources obtained from the state budget.
According to Law no.32/1994, it can be the beneficiary of the sponsorship:
- a) any non-profit legal entity, which carries out in Romania or is to carry out an activity in the fields: cultural, artistic, educational, educational, scientific – fundamental and applied research, humanitarian, religious, philanthropic, sports, human rights protection , medical-sanitary, assistance and social services, environmental protection, social and community, representation of professional associations, as well as maintenance, restoration, conservation and enhancement of historical monuments;
- public institutions and authorities, including the specialized bodies of the public administration, for the activities provided in let. a);
- also, under the conditions of the present law, broadcasts or programs of the television or broadcasting bodies, as well as books or publications from the fields defined in let. a);
- any natural person domiciled in Romania whose activity in one of the fields provided in let. a) is recognized by a non-profit legal entity or by a public institution operating in the field for which sponsorship is requested
Micro-enterprises that carry out sponsorships, according to Law 32/1994, for the support of non-profit entities and cult units, which at the date of concluding the contract are registered in the Register of cult entities / units for which tax deductions are granted, according to the provisions of article 25 paragraph (4^1) of the Fiscal Code, have the possibility to deduct the respective amounts from the income tax of micro-enterprises up to the value level representing 20% of this tax.
The amounts that are not deducted from the micro-enterprise income tax due are carried forward to the following quarters, for a period of 28 consecutive quarters. The deduction of these amounts from the micro-enterprise income tax due, in the next 28 consecutive quarters, is made in the order of their registration, under the same conditions, at each term of payment of the micro-enterprise income tax.
According to the current provisions, the micro-enterprises that carry out sponsorships have the obligation to submit in the following year, until January 25, the form 107 Informative declaration regarding the beneficiaries of sponsorships / patronage / private scholarships, approved by OpANAF no. 1825/2018.
We specify that for the quarter in which the sponsorship operation is carried out, the form 100 Declaration regarding the payment obligations to the state budget (regulated by OpANAF no. 51/2021) is completed and submitted.
The 100 Declaration is submitted quarterly until the 25th of the month following the quarter for which the income tax of the micro-enterprises is established.
In the accounting registers, the registration of the sponsorship expenses is made by the note:
6584 “Expenses with amounts or goods = 5121″ Bank accounts in lei ” granted as sponsorships ”
(based on the payment document – account statement – or the notice accompanying the goods, as the case may be).
We emphasize that the amounts entered in the sponsorship contract that are not actually paid, ie for which there are no supporting documents, cannot be recorded in the expenses of the period.
Legal basis:
– Fiscal Code (approved by Law no. 227/2015, published in the Official Gazette no. 688 of 10.09.2015), with subsequent amendments and completions;
– Fiscal Procedure Code (approved by Law no. 207/2015, published in the Official Gazette no. 547 of 23.07.2015), with subsequent amendments and completions;
– Methodological Norms for the application of the Fiscal Code (approved by HG no. 1/2016).
– ANAF Order 1825/2018 for the approval of the model and content of form 107 ” Informative statement regarding the beneficiaries of sponsorships / patronage / private scholarships’
– ANAF Order 51/2021 on amending and supplementing the Order of the President of the National Agency for Fiscal Administration no. 587/2016 for approving the model and content of the forms used to declare taxes and fees with self-assessment or withholding.