by Paolo Sardo – Chartered Accountant, professor of Industrial Economics at the ISIA Roma Design University (MUR), Expert for Il Sole24Ore
2026 will mark the definitive end of a season that lasted over twenty years: that of the ONLUSThird Sector CodeNon-Profit Organization of Social Utility
The effects will be immediate for non-profit organizations with financial year coinciding with the calendar year, while for those with "non-calendar" financial year the regulations will be slightly more complex. In any case, all non-profit organizations will have to make a choice by 31 March 2026Third Sector Entities
A decisive deadline to avoid losing your assets.
The date of 31 March 2026deadlineregistration in the RUNTS
It is important to clarify that the deadline is not peremptory in a technical sense: the registration application could also be submitted later. However, only non-profit organizations that send the application by March 31st will be able to benefit from the seamless transition
Retroactive effects and cases with non-solar exercise
A particularly relevant aspect concerns entities with operations that do not coincide with the calendar year. According to what is clarified in the draft circular on the Third Sector, for these non-profit organisations, the regulations provide that the benefits remain applicable until the end of the last financial year which began before 1 January 2026. Consequently, the non-profit organization regime could formally also apply to part of 2026, despite an already changed legal context.
This is the case, for example, of an entity with operations from 1 July 2025 to 30 June 2026, which submits an application to RUNTS by March and obtains registration in May. In this scenario, the ONLUS regulation would apply until the moment of registration, while from that date onwards the ETS regime
Fiscal continuity: how it works
For all non-profit organizations that submit an application by the deadline and have their registration accepted, the effect is clear: ETS qualificationThird Sector Code
Differently, for those who register after March 31st or obtain recognition after 2026, retroactivity does not apply: the ETS qualification will start from the date of the registration provision. In such cases, the entities will find themselves in the regulatory limbo of the ordinary TUIR regulations, losing any possibility of applying the new rules envisaged for the Third Sector.
A transition phase to plan now
There isn't much time to adapt. The interested non-profit organizations must start a statutory review
The transition from NPO to ETS is not a bureaucratic requirement, but a crucial step for the survival of the institutions and their future sustainability.
What to do now: operational plan for organizations and professionals
March 2026 is not far away. In this phase it is essential to take action on three operational guidelines:
1. Statutory check
Check:
- Statutory purposes compatible with the ETS Code;
- Clauses on assets, bodies, dissolution;
- Any requests for shareholders' changes (it would have been better to start them by mid-2025).
2. Strategic-fiscal analysis
Evaluate: