Page 62 - Ekonomija i Biznis_noemvri 2016.indd

РRУEБGРUИLКAАTIONS

Nikola Glavince

The author is a lawyer

DONATIONS AND SPONSOR-

SHIP IN PUBLIC ACTIVITIES

Ahead of the announcement for should conclude an agreement in writing in
amendments of the Law on Capi- accordance with the Law on Obligations.
tal Gains Tax and the Law on
Sports wherewith it is proposed In an event when a recipient of a dona-
from the amount which the tion is an association or a foundation which
company should pay for capital gain tax, to acquired a status of an organization of pub-
be able to invest in sports and for this pur- lic interest in accordance with the Law on
pose to be exempt of tax in an amount of 35% Associations and Foundations or when the
of the amount of the specific tax for all types recipient of a donation is an association or
of sport, 40% for handball and basketball and a foundation which in accordance with the
50% for football, on this occasion we would founding act is established for specific fi-
like to remind you of the solutions of the cur- nancial support in regard to public interest,
rent Law on Donations and Sponsorships in it is possible not to conclude an agreement
Public Activities (Official Gazette of the Re- in writing whereby a basis for tax incentives
public of Macedonia no. 47/2006; 86/2008; would be considered the performed payment
51/2011; 28/2014 and 153/2015). of funds in a separate transaction account
of the recipient of the donation for this pur-
Donation is a voluntary and unconditional pose.
support in money, goods and services which
does not create a direct benefit for the dona- Parties of the obligation-legal relation are
tor or an obligation of the recipient to return donator and recipient of the donation.
the donation, and which can be given for
purposes of public interest or for support of Donator of a donation and sponsorship
the activities of the recipient. Donation also can be both national and foreign natural
implies funding by a bank transfer, telefund- person and legal entity, and it cannot be a
ing and organized fundraising events. natural person and legal entity whose ac-
tion is not in accordance with the Constitu-
Sponsorship is a voluntary financial pay- tion, the laws of the Republic of Macedonia
ment, provision of goods or services for a and the international agreements which the
specific project and/or activity, which allows Republic of Macedonia has concluded or has
direct benefit for the donator such as promo- entered into.
tion of name, company name and trademark
of the donator of sponsorship. Recipient of donation can be a national le-
gal entity. Recipient of donation can also be
In order to realize the donation and the a foreign legal entity which has a non-profit
sponsorship, the donator and the recipient character to realize public interest in anoth-
er country in cases of natural disasters and

The law allows, and practice shows that the social responsibility of natural persons and legal entities
can be effectively realized with donation and sponsorship in public activities, which contributes
for the improvement of the personal and the common life of the citizens, the associations of
citizens and foundations, the natural persons and legal entities in the Republic of Macedonia, as
well as for their economic wellbeing and social justice

62 November 2016