Corporate philanthropy has established itself as a key player in French economic and cultural life. Behind every exhibition supported and every social or environmental programme funded, there is a company that has chosen to dedicate a portion of its resources to the public good. In return, the legislator has granted it a substantial tax benefit: a tax relief of up to 60 % of the donations made.
However, this scheme, which costs the State an estimated 1.3 billion euros a year, is now subject to increased scrutiny by the tax authorities. Far from calling into question the legitimacy of philanthropy, this development reflects a clear intention: to ensure that tax benefits are granted in strict compliance with the rules. Charities, foundations and endowment funds must therefore adapt to operating in an environment of enhanced scrutiny.
A generous scheme, but one that is under scrutiny
The tax regime for corporate philanthropy is based on a delicate balance: on the one hand, encouraging corporate generosity; on the other, safeguarding the integrity of public spending. The tax relief provided for under Article 238 bis of the General Tax Code is substantial: it allows companies to reduce their corporation tax by 60 % of the amount of the donation, up to a limit of 0.5 % of turnover or €20,000.
This attractive scheme has, unsurprisingly, given rise to abuses. Some organisations have issued tax receipts without any genuine consideration in return; others have artificially inflated the value of donations in kind; whilst certain companies have attempted to pass off advertising expenditure as eligible donations. Every euro of unjustified tax expenditure represents a loss to the Exchequer, which explains the DGFiP’s growing focus on this area.
The risks of reclassification
The first risk, which is well known, relates to the blurred line between patronage and sponsorship. Patronage implies selfless support; sponsorship, on the other hand, is aimed at securing a commercial return. The discreet inclusion of a logo in a brochure is tolerated; media exposure equivalent to an advertising campaign is not. In the event of reclassification, the company loses the tax benefit of patronage and must settle for an expense deduction, whilst the organisation may see its reputation tarnished.
Another source of disputes is the issuing of tax receipts. The tax authorities ensure that these are drawn up in accordance with the official form. The absence of supporting documentation, or the issuing of fictitious receipts, calls the tax benefit into question. Responsibility is shared: the sponsoring company must ensure the document is in order, and the organisation issuing it may find its eligibility to receive donations challenged.
The issue of valuing donations in kind is also a sensitive one. When companies provide equipment, products or make staff available, the value assigned must be objective and verifiable. The tax authorities do not hesitate to reject valuations that they consider to be artificially inflated.
Endowment funds and associations: increased vigilance
The rapid growth of endowment funds has opened up new opportunities for philanthropy, but also new risks. Some funds, particularly those of the ‘redistributive’ type, simply collect donations and pass them on to other organisations. The authorities now require these organisations to ensure that the final beneficiaries are eligible. A fund that redistributes funds to non-compliant foreign organisations, or to organisations whose purpose is not strictly in the public interest, jeopardises its donors’ tax relief.
The tax rulings published in 2021 and 2022 illustrate this tightening of the rules. They reiterate that only organisations established within the European Union, or in a country linked to France by a tax treaty providing for administrative assistance, are eligible for corporate sponsorship. They also emphasise that certain hybrid entities, such as cooperative societies or certain organisations in the performing arts sector, are not automatically eligible.
Checks are now carried out as a matter of routine
The DGFiP uses a number of tools to monitor and regulate corporate philanthropy. Companies that declare donations in excess of €10,000 must now complete a specific declaration (form 2069-M-FCE). This information enables the authorities to cross-check data and identify anomalies.
Charities and endowment funds, for their part, may be subject to on-site inspections, including an audit of their accounts. The Court of Auditors and the General Inspectorate of Finance may also intervene to verify that the funds raised have been used in accordance with the rules. Finally, since the abolition of the ‘Bercy lock’, cases of clear fraud may be referred directly to the public prosecutor’s office for criminal prosecution.
The consequences of a recovery
When a tax benefit is called into question, the consequences are severe. The sponsoring company must repay the tax relief received in error and may face a 40 % surcharge for deliberate non-compliance, or even 80 % in the event of proven fraud. The beneficiary organisation, for its part, risks being penalised and losing its ability to issue tax receipts. In some cases, directors may even face prosecution for breach of trust or tax fraud.
How can you ensure your sponsorship is secure?
In the face of this increased scrutiny, caution is called for. Companies must systematically check that the beneficiary organisation is eligible, retain all supporting documents and accurately document the value of their donations. For complex or innovative initiatives, seeking a charitable giving ruling remains the safest option: it allows companies to obtain an official position from the tax authorities before committing to the initiative.
Conclusion
Philanthropy remains a valuable tool for both tax and social purposes, but it is now carried out under the close scrutiny of the authorities. This development does not call the practice into question, but rather demands rigour. By ensuring their operations are sound, businesses and charities can continue to develop projects in the public interest, whilst benefiting from a favourable tax regime.
At Qualifisc, we advise and assist businesses and organisations in structuring and safeguarding their sponsorship schemes, from drawing up agreements to providing defence in the event of an audit.
