Draft Law "Changing Composition Commissions Cooperation, Prices, P
We the Captains Regent of the Most Serene Republic of San Marino
In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting on June 21, 2013:
LAW June 27, 2013 71
LAW RELATING TO SUPPORT ECONOMIC DEVELOPMENT
1. This Act lays down rules by which the state creates incentives for the development and
revival of the economy, according to the lines of the multi-year plan for the development,
approved by the Great and General Council with the 7 Day Order 2013, with reference to the provisions
by 'Article 43 of Law 20 December 2012 n. 150.
TAX INCENTIVE MEASURES
CHAPTER OF INCOME TAX REDUCTION REINVESTED
(Free of tax of reinvested earnings)
1. The annual balance sheet profits, earned by persons performing business activities
regardless of legal form and provided in the ordinary accounting system, used for interventions
investment in capital goods in the same enterprise, not earned
the tax effects of income tax according to the provisions set forth in articles.
2. These provisions shall apply to firms which, at the date of presentation of the project
referred to in Article 6 have at least five employees hired under contract of
indefinitely or three employees provided San Marino or residents employed on contract
permanent job; if during the period of duration of the project the number of the aforementioned
employees falls below five or three units, the benefits lapse entirely with
effects referred to in Article 8. 3. The tax exemption referred to in this article is also permissible for companies in different accounting
scheme, provided that the year following that approval of the project
companies adopt the ordinary accounting.
1. Are considered investment operations business projects involving:
a) the acquisition of tangible and intangible assets, the introduction of technological advancements
acts to improve existing products or production processes or the acquisition of plants or
technologies aimed at creating new products or new production processes;
B) construction, acquisition, renovation or expansion of properties aimed at improving
existing production processes or introduce new ones in the presence of company projects that
provide employment for at least five employees of whom 60 % indefinitely;
C) the acquisition of plant, machinery or technological processes aimed at obtaining consistent
energy savings and significant reductions of pollutants according to the parameters, the
coefficients and methods that represent the considerable and consistent savings
energy and less pollution load as determined by specific sector regulations and
with appropriate certification.
2. These investments may be made either by direct purchase or through
leasing contract; in which case the value of the capital good is given by the price paid by the lessor ||| for the purchase of goods and related services. 3
. The amount of the investments mentioned above shall not be less than:
a) = € 50,000.00 for investments referred to in the upper paragraph 1, letter a);
B) € 300,000.00 = for the investments referred to in the upper paragraph 1, letter b), in the case of construction and acquisitions
, and not less than € 150,000.00, in the event of restructuring and || | extensions;
C) = € 20,000.00 for the investments referred to in the upper paragraph 1, letter c). 3
. The property referred to in the upper paragraph 1, letter b), held in ownership or leased financial
, can not be sold until at least ten years
by the authorization referred to in article 7. Notwithstanding the foregoing is permitted
replacement of real estate before the end of the above, on the basis of an assessment of coherence
with the aims of the project, following authorization Tax.
4. business projects of significant magnitude, presented by
subjects are especially well established in their specific sector investments are also encouraged, to be carried out in the field
tourism, aimed at further upgrading of accommodation facilities, catering and
tourism and cultural services, which include the construction, acquisition, renovation or expansion of properties
. If the realization of investments above
involves modifications to existing planning instruments, the timetable for their approval, referred to in Article 3
Law n.87 / 1995 (Consolidated building and planning laws ), they are reduced by half.
(Coefficients - Method of application)
1. For the purposes of taxation are not taxable income:
a) 60% of the annual operating profits for actions related to Article 3, paragraph 1, letter a);
B) 40% of the annual operating profits for actions related to Article 3, paragraph 1, letter b);
C) 90% of the annual operating profits for actions related to Article 3, paragraph 1, letter c).
2. Without prejudice to the maximum coefficients referred to in the preceding paragraph, in the event of several
actions related to Article 3, paragraph 1 a) and b), the maximum percentage of non-taxable income is equal to
. The tax benefits referred to in this Chapter are recognized up to the amount of the intervention
Investment, authorized under Article 7, by the fifth year following
to the same authorization.
4. The undistributed taxable income constituents must be allocated to a special fund of
budget and are bound for five years from the period of formation of the same.
5. If the intervention value of total investment exceeds €
7,000,000.00, the tax benefits referred to in this Chapter shall be recognized by the seventh year following that
6. Where the firm has remained stable, the average level of employment in the year of
income also compared to the existing one at the end of the year preceding that
access to the benefits, the provision to the special fund can be made
limited amount of general income tax (IGR) corresponding to the tax benefit
7. In order to ensure payment dell'IGR amount not paid as a result of granted concessions
, the economic operator is required to sign the declaration of consent to the debt
privilege inscription on the object of investment goods. The formalities relating to such acts,
including those of the proceedings related to them, are exempt from stamp duty, registry and mortgage
(Terms of presentation of the project and start-up investment)
1. The investment projects must be submitted no later than one hundred and twenty days after the start
of their realization in the manner specified in the following articles.
2. The start of the investment, subject to revocation by the benefits,
must be not later than twelve months from the authorization.
(of the investment project Content)
1. The investment projects must be submitted to the Office
Industry, Crafts and Commerce and shall contain:
a) a report on the compliance of the project with the requirements specified in this Chapter;
B) an indication of the time period no longer than three years after the project;
C) the amount of investments;
D) the expected period of use of the object of investment goods;
E) the indication of any increases in employment.
(Outcome of the investigation)
1. Within thirty days from the submission of the application, the Industry Office,
Craft and Commerce communicates instantly to the Tax Office and the investigation results and
grants, simultaneously, the possible authorization for access to the benefits referred to in this Title
(Extensions - controls - irregularities)
1. The expenditure recorded in the project should be constructed and concluded within
indicated in the project subject to the five-year limit, unless extended granted by
Industry and Commerce motivated by proven circumstances. In any case
such extension may not exceed the additional twelve months.
2. Within three months after the deadline for the realization and conclusion of each project investment
, the Industry Office, Crafts and Commerce it has adequate and accurate
control in order to ensure conformity of the construction project authorized. 3
. Decay by these benefits companies against which the Industry Office, Crafts and Commerce detect
a) serious irregularities and discrepancies with respect to the authorized project;
B) failure to comply with the terms and requirements provided in this Chapter.
4. Decadence is established by a decision of the Office Industry and Commerce
and communicated by the same taxpayer and the Tax Office within fifteen days from the date of the measure
5. Following the decline Tax Office shall ascertain the increased
tax and interest and penalties prescribed by the law 13 October 1984 n. 91 and subsequent
changes, in derogation to which the action for a declaration does not prescribe until 31 December
year following the one in which the use of the benefits referred to in this Chapter.
9 (Prohibition of overlapping benefits and the coordination rules)
1. And 'forbidden to combine the tax benefits provided by this Chapter with any type of
forms of subsidized credit on the same investment projects, as well as with the facilities, the
same investment, under the Decree 20 July 2004 n. 100 and benefits on savings energy
provided by Law 72 of 7 May 2008 and the Chief Executive Decree 21 September 2010 n. 158
CHAPTER II TAX INCENTIVES TO SUPPORT EMPLOYMENT
10 (Incentives for increased employment)
1. Economic operators, including liberal professionals, that increase the average number of workers employed
, is recognized a reduction of the tax base
to the extent and in the form prescribed in this Chapter.
2. For the purposes of applying the provisions of this Chapter, "average number of occupied
employees" means the algebraic sum of the subordinate employees, to
temporary or permanent, in the reference year, weighted by the number
months of the year in which the result of the economic operator dependencies. It is considering the month of
occupation one in which the employee is employed for at least sixteen calendar days. 3
. The benefits referred to in this Chapter shall be accorded to economic activities that before
increasing employment have to employ at least five working units or
least three units, provided San Marino or residents employed on a permanent contract to | || meaning of the preceding paragraphs. That requirement is raised to ten units for enterprises industrial production
(measurement and incentive fruition)
1. The reduction referred to in Article 10 shall be recognized in the tax year where
occurs, compared to the previous year, an increase in the average number of workers
employees working at least three units.
2. The extent of killing is equal to:
a) 15% in increments greater than or equal to three work units and less than five units working
, provided that at least 50% of them are taken from the job placement lists ;
B) 25% in increments greater than or equal to five business units, provided that at least 50% of them
are being undertaken by the job placement lists. 3
. The reduction referred to in the previous paragraph is also recognized for the two years subsequent fiscal
one in which the increase takes place, provided that the same does not intervene
reductions of Assumption increasing share of the benefit. If during
of the aforementioned exercises the company further increases the average number of employees
beyond the minimum thresholds set out in paragraph 2 above, the same is entitled to make use of further
reduction for that year and for the next two, subject to the conditions and measures referred to in this Article
4. They lose the benefits referred to in this Article dismissing enterprises
collective and / or reductions of personnel in accordance with the rules of work, within the limitation period of assessment for the fiscal year
object of the benefit enjoyment.
5. For companies mentioned in the previous paragraph shall be denied access to the benefits referred to in this Chapter
for the next two years by collective redundancy or by reducing staff.
CHAPTER III INCENTIVES FOR THE ESTABLISHMENT OF NEW BUSINESSES
12 (Application of the provisions of Chapters I and II to the newly established economic activities)
1. The requirement referred to in paragraph 2 of Article 2 shall not apply to undertakings which start your
investment project in the first three tax years from the launch date of the new company.
2. The requirement referred to in paragraph 3 of Article 10 shall not apply to the economic activities in the
first three tax years from the launch date of the new company.
. With reference to the preceding paragraphs, the date of "launch of the new company" means
to the licensing authority. And 'eligible for assistance under this Act who has not ceased,
year preceding the date of the request, company with activities similar to the one for which
requires access to benefits.
4. The companies referred to in this Article may opt for the effect of the benefits of which
Article 2 starting from the second year of operations following its launch.
1. To new business activities carried out individually or freelance, whose
holders have not exercised economic activity in the twelve months prior to the submission
demand and that are in a state of non-employment, the following benefits are recognized :
a) exemption of the payment of the first issue of the license fee;
B) for the first three years of operation of the activity, the payment of the annual tax exemption license
C) for the first six years of operation of the activity, tax exemption of business income or work independently
D) tax credit of staff training programs, technological innovation and development
whose criteria are defined with a special delegated decree.
2. The facilities referred to in this Article shall be recognized also to employed
with registered residence in the Republic of San Marino who have resigned from the ratio of
work in order to start a business or freelance that does not constitute
mere continuation of the previous activity and employment. 3
. The provisions of this Article shall apply in relation to economic activities undertaken
after the entry into force of this Act.
CHAPTER IV FINAL AND COMMON TO TITLE I
14 (Final and Common provisions of Title I)
1. The benefits set out in Chapters I and II of this Title are combined with each other; However, for
each fiscal year, the amount of killing can not exceed the measure of '
80% of taxable income.
2. The economic activities that, by December 31, 2013, transformed labor relations
fixed-term employment relationships for an indefinite period can take advantage, for
same fiscal year and for the next two, of the reductions referred to
previous article 10 to the extent and in the manner provided therein.
TITLE II MEASURES OF ATTRACTION OF INVESTMENTS
(Incentive to establishment in the territory)
1. Subject to the incentives referred to in this Title, the entrepreneurial projects aimed at
realization of one or more investments in the territory of the Republic of San Marino, acts
to start a new economic activities and / or over an existing one to order to relaunch and / or
consolidate the development, access to the simplified procedure set forth in Article 16 in
procedures and conditions are governed by this Title.
(access to the simplified procedure)
1. The business projects referred to in Article 15, approved in the manner set out in this Title
, provide access to the simplified procedure for obtaining a residence in
territory of the Republic in the cases provided for in Article 16, paragraph 3 of Law 28 June 2010 n. 118
a) for the entrepreneur or entrepreneurs;
B) for a specified number of managerial staff and / or high degree of technical competence and professional
C) for a specified number of required researchers startup of specific projects
company's research and development;
D) for relatives living with the subject resulting from family status, as per the previous
letters a), b) and c).
2. The simplified scheme for the grant of the residences is special rule
compared to the general rules and therefore remain firm and still applicable
all other provisions of the Law 118 of 28 June 2010.
17 (Constitution of the Technical Committee Evaluator)
1. And 'it established the Technical Committee Evaluator, comprising:
- the Director of Industry and Commerce;
- The Director of Tax;
- The Director of Labour;
- An official of the Department of Political Affairs Department of Foreign Affairs in charge of
residence and residences practices.
18 (Access to benefits)
1. The presentation of business projects, in the manner specified in Articles
earlier and subject to the conditions laid down in the delegated decree, is made to the Office
Handicraft Industry and Commerce, which shall verify the completeness worth not admissibility.
2. The Office of Industry and Commerce forwards the documents to the Committee
Technical Evaluator within five working days of receipt of the project presentation. 3
. The Technical Committee Evaluator, within twenty days after receipt of documentation from the Office
Industry and Commerce:
- checks for the requirements of this Act;
- Verifies that the conditions required by this law and by statutory instrument;
- Decides on the admissibility of the project;
- Communicates the results to the Office Industry, Crafts and Commerce.
4. The Office of Industry and Commerce shall promptly to those moments
the success or failure of the request.
5. With special delegated decree will be identified in a precise and objective i
parameters to be met in terms of:
- investment sectors to be favored;
- Minimum commitment employment;
- Number of residences that may be granted simplified scheme in relation to the project and the commitment
- Adequate capital guarantees in favor of the state.
The respect of the parameters is a prerequisite for project eligibility.
5. There are also requirements for eligibility:
a). the establishment of the undertaking or undertakings in the form of limited liability companies;
B). the submission of a detailed business curriculum and documented of all
C). the presentation of the full five-year business plan (business plan) of the following information
1. their invested capital and source of funds;
2. access to financial resources; 3
. employment plan;
4. market strategies;
5. any other relevant information to the evaluation by the competent office.
6. If the project involves research and development, this will be detailed in a special
7. The approval of the business plan can give rise to additional fringe benefits tax
addition to those determined by the Title I and the simplified scheme provided for in Article 16
identified and regulated by statutory instrument.
8. In order to monitor application performance of this Act, the Evaluator
Technical Committee produces a biannual reporting to the Congress of State and the Commission
Permanent Council Foreign Affairs, Emigration and Immigration, Security and Public Order,
Information on performance and on approved projects.
(simplified scheme referred to in Article 16)
1. If the project receiving the Officer of Civil Status registers applicants
entities in the register of the resident population in the face of the application accompanied by documentation issued by
Industry and Commerce.
2. The Permanent Council Commission Foreign Affairs, Emigration and Immigration,
Security and Public Order, Information, may seek further information and checks to
Assessor Technical Committee for the purpose of the measures referred to in article 22.
(Exercise retail trade by foreign investors)
1. In order to attract foreign investment in the retail sector which, notwithstanding
article 7, paragraph 5, and Article 21, paragraph 5, of the Law 130 of July 26, 2010
has allowed the establishment of a limited liability company or joint stock company in
which may hold the majority of share capital up to the totality
individuals not resident in the territory of the Republic of San Marino or legal persons of law || | San Marino and not, who are in possession of the subjective and objective requirements defined by decree delegate
2. The social shares can not be represented by fiduciary
is the same company that in those who hold controlling interest or otherwise in
able to exercise significant influence, unless the trustees San Marino or foreign
do reach the Office Industry and Commerce
a written notice containing the identity of settlors, the extent of participation in each
due and, if other than natural persons, the identity of their beneficial owners, as well as you will have to be communicated according
any subsequent change to the team of its
trustees and / or of their beneficial owners, within thirty days from the change itself.
. For the purpose of n.130 / 2010 Law if the registration request to the
register of companies by legal person, having as corporate purpose the activity of
retail trade, is presented by entities established in their specific sector
international brand owners or persons of international repute, it is
apply the rules provided for persons resident in the Republic of San Marino.
4. With state of the Congress Rules identify the criteria for the identification of
entities established in the specific sector internationally and established brands at international level
in the preceding paragraph.
(High Technology Companies Start Up)
1. Companies which, by virtue of objective and subjective requirements of paragraph 4, are configured such
Start Up high technology, are recognized as such by the Ente manager
Scientific Technological Park, following a specific request submitted by the shareholders Office
Industry promoters, Crafts and Commerce.
2. Pending the establishment of the authority referred to in the previous paragraph are the Start Up
recognized by the coordinators of the project for the creation of the Science and Technology Park of which
to the Resolutions of the 41 Congress of State of 25 February 2013 and 14 of 18 March 2013. 3
. The Start Up high technology are exempted from the payment of Tax General
Wages, according to Law 13 October 1984 n. 91 and subsequent amendments, for five exercises
tax payable from the same inscription in the Register of Companies of Law
23 February 2006 n. 47, as amended.
4. For high-tech Start Up, which are in the form of capital companies in
notwithstanding the provisions of Article 13 of Law 23 February 2006 n. 47 and subsequent
changes, the share capital must be fully paid within three years following the date of registration
in the Registrar of Companies.
5. By delegated decree defines the objective and subjective requirements for a company
it can be classified as Start Up high technology and those that test
matching the requirements. Also with the same delegated decree, for the Start Up to
high technology, they are planned and regulated:
a) the issue of start up stock options to employees and contract;
B) a specific type of employment contracts, as an exception and as a supplement to the Law
29 September 2005. 131;
C) tax incentives for investments made by other companies in the Start Up;
D) Tax incentives for individuals investing in the Start Up and
maintain the investment for a minimum period;
E) Tax incentives in the case of the re-purchase of shares by the management or the
Start Up founders as well as in the case of industrial acquisition by another company in the
Management Leverage operations Buy Out;
F) special residence permit, as an exception to the law 28 June 2010 n. 118, for those
partner and / or director and / or has a contract of employment in the Start Up.
(extensions and irregularities)
1. The business projects referred to in this Title shall be designed and completed in
deadline indicated by the project itself, unless extended granted by Technical Committee Evaluator
motivated by proven circumstances. This extension, although motivated, can not exceed
further twelve months.
2. Each year the Industry Office, Crafts and Commerce verify compliance with the authorization conditions
. If the Office finds irregularities and discrepancies with respect to the project authorized
or violation of the requirements of this Act, shall notify the Committee
Technical Evaluator who decides on the withdrawal of benefits and residences linked to the projects business and it
it gives notice to the relevant departments for subsequent fulfillment.
The Office of Civil Status, received notice of revocation of the residences, proceeds to
cancellation from Registers of the resident population.
(External Relations Manager)
1. In order to conduct an adequate campaign to promote the economic system to support entrepreneurship
and institutions working in the economic sector, it is mandated to
State Congress to produce an integrated communication plan, with a specific
budget allocation for the year 2014, considering the contribution of associations of economic categories
2. To achieve this objective, the Congress of State resources will be used mainly
professional already working in public administration or institutions. 3
. The activity should be carried out by defining annual and multi-year targets, coordinating
activities conducted by individual State Departments, by associated companies and by individuals who perform
promotional activities and the economic system support.
OTHER INCENTIVE MEASURES
24 (Changes to registration)
1. Until June 30, 2014 is reduced to 2.5% registration tax for the purposes of transferring costly
real property and real property rights referred to in # 1, par. 1) Table "A"
attached to Law 85 of October 29, 1981, as amended, and for the transfer of undivided share of the estate
and hereditary rights referred to in n. 3 in the same table. The reduction does not apply to
transfer of properties by way of redemption arising from the lease.
2. The registration tax on leases of properties of historic centers of San Marino
City and Borgo Maggiore, which are rented to students enrolled at the University of the Republic of San Marino
studies, is reduced to 0, 5%. To this end, the Parties must unite to contract
to record user location a certificate of enrollment at the University of San Marino Republic
Studies for the year that begins the same contract. 3
. Point 23 of the table "A" attached to Law 85 of October 29, 1981, as amended, is amended as follows
N imposition Subject Measurement progressive tax
% tax measure proportional
23% fixed observations of work contracts and procurement of
(Observatory for the integrated and sustainable waste management)
1. And 'it established the Observatory for the integrated and sustainable management of waste products in San Marino
2. The Observatory, within three months of entry into force of this Act, issues a specific
relationship that defines the waste management strategies aimed at reducing the quantities produced
, to promote the re-use / re-use of products and to increase the quantities actually recovered materials
with the objective of minimizing the quantities intended for the
disposal and related costs for individuals and businesses. Such strategies are also
defined in order to ensure greater efficiency in the economic and productive system and
create new business opportunities and jobs in the area and are transmitted to the Congress of State
that adopts a special resolution. 3
. In line with the strategies set out in paragraph 2, the Survey suggests that the Commission
Environmental Protection objectives that the Waste Management Plan must fulfill.
Within six months after entry into force of this Act, the Commission, also using
specially appointed specialists, provides for the revision of the existing plan.
4. The Observatory also regularly assess critical issues and the actions needed to
achieve the goals of the Plan; prepares a detailed program
Prevention of Waste Production and oversees its implementation by the parties of competence
Public Administration and public bodies; stimulates participatory and constantly updated
paths, even the light of the evolution of national and international
regulatory framework, technical feasibility, economic and social conditions, for crafting new
and more efficient management models waste; provides guidance to the Authority for
services and energy in relation to the public service pricing formulas for urban waste collection
; It provides technical support and guidance for the formulation of international agreements
5. The Observatory is composed of:
- Secretary of State for the Environment with the delegation - who presides over it - or his delegate;
- Secretary of State with responsibility for relations with the Autonomous State Agency for Services
or his delegate;
- Company Director Autonomous State for the Services;
- Office Manager for Environmental Prevention (UPA);
- An expert of the Office for Environmental Prevention (UPA);
- Two experts nominated by environmental associations;
- Two experts appointed by the trade associations.
6. E 'invited to participate in the work of the Director of
Degree in Industrial Design at the University of San Marino Studies or his delegate.
7. These components provide the Observatory the relevant data
Relating to production, transport, recovery and disposal of waste.
8. Up to full operation of the Office for Environmental Prevention (UPA),
in Article 35 of Annex A of the Law 188 of December 5, 2011, pursuant to Article 3 of the Delegated Decree
February 27 2012 13 of the Executive Office and the Expert Environmental Prevention (UPA) within the Observatory
are replaced by an operational unit Expert Environmental Management (UOGA)
and an expert of the Department of Public Health.
9. By appropriate regulations of the State Congress can integrate tasks and regulate
's operation, including any necessary secretarial functions.
1. The Autonomous State Agency for Services is required to complete its fiber optic network
throughout the country, also integrating it with technology of digital radio links, in order
putting into effect the development of broadband systems wide for the implementation of its services.
2. The implementation of such technological systems may also offer additional services to users
public and telecommunications operators in the territory who so request. 3
. The 'Article 2 of the Law 41 of May 25, 1981, the Company Autonomous Statute of State for Public
Services, is integrated in the first paragraph by inserting the following paragraph 5):
"5) Telecommunication services in favor of the Public Administration and Public Sector Broader
27 (Measures in the area of energy use)
1. And 'mandated Company Autonomous State for Public Service
of preparing a feasibility study on the possibility of:
a) create suitable infrastructure for the supply of electricity and natural gas resources dedicated to
the wheel of transport;
B) equip the territory with infrastructure for the supply of natural gas vehicles;
C) be used for public transport, electrically powered vehicles, hybrid or natural gas;
D) build a cogeneration plant that will guarantee the energy supply for the winter heating Hospital
E) create strategic energy reserves, including a contract;
F) use new technologies for the production of energy through resources present in the territory
for coverage of public consumption;
G) develop pilot projects in the public sector in the field of renewable energies with high technological value
2. The feasibility study referred to in paragraph 1 shall be sent by 30 November 2013 to
Congress of State, having verified the economic, starts the eventual implementation phase.
TITLE IV RULES IN SUPPORT OF THE TOURIST SECTOR
28 (Measures for tourism development)
1. In order to give adequate support to economic operators involved in promoting and directing
supply destination San Marino on tourist markets, by delegated decree are regulated
support intervention to:
- Travel Agencies tour Operators
For all tourist brokerage firms that have the goal to develop the incoming
about the destination San Marino, there are incentives to achieve
a minimum of nights / year threshold spent by visitors in accommodation of
Republic of San Marino;
- Companies receptive, commercial and catering
There are incentives and support policies for the benefit of the upgrading and / or expanding
of the hotel facilities and hospitality, with the goal of increasing the number
of rooms available in the area. They are also considered related support measures to cost-volume energy
for accommodation facilities that operate all year round.
2. Also by delegated decree, in order to pursue the objective of increasing
quality of services offered, they are introduced minimum credits required for updating professional
of all workers, public and private, operating in the field of accommodation,
catering, trade and tourism and cultural services.
UPGRADING PROJECT SMAC CARD
29 (Extension of period)
1. With this law the terms laid down in Article 33, first paragraph, of Law 200 of 22 December 2011
shall be extended to 31 October 2022.
TITLE VI AMENDMENTS TO THE RULES OF PROCEDURE IN CIVIL MATTERS
(Amendment to Article 1 of Law 17 June 1994 n. 55, as amended)
1. The document summary procedure, regulated by Heading VII, paragraph 154, the
Book II of the Leges Statutae and Article 1 of Law 55 of June 17, 1994 and subsequent
amended, applies, as well as on the basis of the documents mentioned in the said Article 1 of Law 55 of
/ 1994, also on the basis of bank statements with a certificate of compliance with
records provided by the legal representative or the chief executive officer or
general manager of the credit institution, authenticated by a notary.
2. The document summary procedure applied on the basis of land for fees and
business expenses can be activated, as well as in case of liquidation of the judicial
, as required by Article 1 of the aforementioned 55/1994 Law, even with
opinamento of professional bodies.
TITLE VII AMENDMENTS TO THE RULES OF BANKING AND FINANCIAL
(Taxation fiduciary activities)
1. Article 38 of Law 16 December 2004 n. 172 is amended as follows:
The fiduciary contracts recorded in terms of the instructions given by the
Supervision Division of the Central Bank of the Republic of San Marino, are registered in
tax exemption. ".
2. The second and third paragraphs of Article 19 of Decree-Law 61 of May 31, 2012 shall be repealed
(various tax provisions on leasing and fiduciary)
1. The contract by which are transferred fiduciary mandates, involving
participation in San Marino law society, including persons authorized in accordance with Law 165 of 17 November 2005
well as between foreign companies that perform fiduciary activities
way equivalent to those authorized pursuant to that Law n.165 / 2005, remaining the same
settlor, are subject to fixed registration of € 70.00 per warrant.
2. The contract by which trust companies referred to in the preceding paragraph
transfer, for any reason, the ends of the settlor holdings of corporation
San Marino is subject to the registration of € 70.00. 3
. A partial exception of the provisions of Article 9 of Law 115 of 19 November 2001,
the transfer of leases of immovable property between persons authorized in accordance with Law 165 of 17 November 2005
, remaining upon transferring the same tenant, it is subject to tax of a fixed amount
register equal to € 155.00 and the transcription taxes and perfecting
0.10% each applied to the taxable amount determined by
sum of financial transactions values as determined by each contract, subject to the application expected minimum tax
for both formalities.
4. The taxes referred to in the preceding paragraph shall also apply in cases of property
transfer to a new lessor, real estate already under lease finance
contract that, as a result of early termination due to default of 'user is
returned to the lessor availability. The immovable property so transferred shall be
subject of a new leasing contract to be signed by thirty-six months from the act of purchase
. Otherwise the buyer (or lessor) will have to pay the difference
on taxes due.
5. A partial exception of the provisions in the table in Article 8 of Law 19 November 2001
115, the transfer of leases of movable property between authorized parties
pursuant to Law 165 of 17 November 2005 , remaining at the time of the transfer the same
lessee, it is subject to a fixed amount of registration tax to € 70.00.
6. They have repealed the first paragraph of Article 4 of Decree-Law 149 of 22 September 2011 and
Article 58 of Law 194 of December 22, 2010 and subsequent amendments.
(Sewer payment transactions)
1. All accreditations of emoluments arising from employment performed at the Public
Administration, public entities and companies with state participation must take place
exclusively through bank transfer having as beneficiary bank a banking institution operating in the Republic
of San Marino.
2. This provision applies to all persons, natural and legal persons, who have a
consulting contract, supply, cooperation with the entities mentioned in the preceding paragraph, but regular
or for amounts exceeding € 5,000.00 = budget year.
(Update definition of payment services within SEPA purposes)
1. The letter I of Schedule 1 to Law 165 of 17 November 2005 is so replaced:
"I. Payment Services
For payment services are:
a) services enabling cash to be placed on a payment account as well
all the operations required for operating a payment account;
B) services enabling cash withdrawals from a payment account as well as all
operations required for operating a payment account;
C) execution of payment transactions, including transfer of funds on a payment account
at the user's payment service provider or with another payment service provider
: || | - execution of direct debits, including one-off direct debits;
- Execution of payment transactions through a payment card or a similar device
- Execution of credit transfers, including standing orders;
D) execution of payment transactions where the funds are covered by a credit line
granted to a payment service user:
- execution of direct debits, including one-off direct debits;
- Execution of payment transactions through a payment card or a similar device
- Execution of credit transfers, including standing orders;
E) issuing and / or acquiring of payment instruments;
F) money remittance;
G) execution of payment transactions where the consent of the payer to execute a payment transaction is given by means
digital telecommunication device or device and the payment
is made to the system or telecommunications network or digital or iT
acting only as an intermediary between the user of payment services
and the supplier of goods and services. ".
35 (Interventions in support of financial stability of the credit system)
1. In paragraph 6 of Article 36 of Law 165 of 17 November 2005, after step e), the following point is inserted
"ea) the communication is addressed to central public or private risks foreign, as part of
evaluation processes of the customers' creditworthiness and in the interest of the same
to benefits or funding; fall within this classification also
subsequent communications concerning the disbursement of the loan compared
of contractual obligations; ".
TITLE VIII MEASURES IN THE HEALTH SECTOR
Development and implementation of pharmaceutical, para-pharmaceutical, homeopathic, of
food supplements, health products and physical well-being)
1. Within the limits of the law and subject to the exclusive prerogatives of the ISS also with reference to the Law
21 January 2010 7, in order to:
a) ensure access to the drug and its safe and proper use as a defense of health
with particular reference to the traceability and transport mode and
B) provide for the Government of pharmaceutical expenditure in a context of economic and financial compatibility
and pharmaceutical industry's competitiveness;
C) ensuring innovation, efficiency and simplification of drug registration procedures, in particular to determine
quick access to innovative drugs and to drugs for rare diseases
D) strengthen relationships with the agencies of other countries, with the European Agency
Medicines Agency (EMA) and other international organizations, encourage and reward investment in Research and
Development (R & D) in San Marino, promoting and rewarding innovation, dialogue and
interact with the community of patient groups and the medical and scientific world and
of production and distribution companies;
E) promote knowledge and culture on the drug and the collection and evaluation of best
international practices, with a view to the development and implementation of
competitiveness and profitability of production, marketing, storage, distribution , sales, development,
research, regulation of promotion of pharmaceutical products, parapharmaceutical, homeopathic,
of food supplements, and in general of products related to health and physical well-being;
F) promoting organizational innovation, the creation of more and better economies
quality of the services provided under this heading, on the basis of the statements above that
governing organically, according to the practices he regulatory standards
in international matters;
Has authorized the State Congress to adopt appropriate decrees regulating
pharmaceutical - parapharmaceutical
homeopathic - food supplements
- devices doctors
TITLE IX DEVELOPMENT OF THE AUDIO-VISUAL
(Development and implementation of the audio-visual sector)
1. With a view to the development and implementation of the competitiveness and profitability of
production, marketing, distribution and sale of audio-visual products industry,
the Congress of State shall take appropriate delegated decree, which regulates the industry
above, in accordance with practices and international regulatory standards.
TITLE X COMMUNICATION
(Language of legal acts)
1. By delegated decree to be adopted by December 31, 2013 will be taken the necessary measures to ensure that
normative acts mainly in the economic, financial and fiscal,
adopted by the Council Great and generate them, the Congress of State, by other institutions, organs,
entities and public offices are officially translated in English after their promulgation or enactment
2. The decree will be determined organizational and implementation procedures of the
TITLE XI FINAL AND TRANSITIONAL
39 (Final Provisions)
1. The parameters of access to the benefits referred to in Title I may be amended by decree delegate
1. And 'it repealed any provision contrary to the present law and in particular:
- Delegate Decree 65 of May 29, 2007.
- Article 57 of Law 172 of December 16, 2004.
Art..41 (Entry into force)
1. This Law shall enter into force on the fifth day following that of its legal publication
Our Residence, this day of 27 June 2013/1712 dFR
THE CAPTAINS REGENT
Antonella Mularoni - Denis Friends
THE SECRETARY OF STATE FOR INTERNAL AFFAIRS
Gian Carlo Venturini