Law Decree 28 March 2012 Ranked # 31 - Urgent Interventions In Support Of Economic System And Different Tax Provisions

Original Language Title: Decreto Legge 28 Marzo 2012 N.31 - Interventi Urgenti A Sostegno Del Sistema Economico E Disposizioni Fiscali Diverse

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Art REPUBLIC OF SAN MARINO DECREE - LAW 28 March 2012 31 We the Captains Regent of the Most Serene Republic of San Marino Having seen the need and urgency referred to in Article 2, paragraph 2, point b) of the Constitutional Law of 15 December 2005 .183 and Article 12 of the Qualified Law 184 of 15 December 2005, namely the need and urgency: - for taking measures in the face of structural damage to the buildings in the occasion of the exceptional snowfall that occurred in February current year; - To adopt measures to support the economy with particular reference to the protection and encouragement of investment given the different operations and articulated in the act of restructuring of economic sectors, as well as the need to adapt the terms of payment of taxes to the growing needs of the clearing taxpayers the amounts with other tax credits and to spread the load tax collection; - To issue interpretative and supplementary tax provisions of the existing rules in order to ensure their proper and consistent application because of the approaching tax due dates for which they provide; Given the decision of the Congress of State no. 18 adopted at its meeting on 20 March 2012; Having regard to Article 5, paragraph 2, of the Constitutional Law no. 185/2005 and Article 9 and Article 10, paragraph 2, of the Qualified Law n.186 / 2005; Promulgate and publish the following decree-law: URGENT MEASURES IN SUPPORT OF THE ECONOMIC SYSTEM AND TAX PROVISIONS DIFFERENT TITLE I EXTRAORDINARY IN THE FACE OF EXCEPTIONAL WEATHER EVENTS OCCURRED IN FEBRUARY 2012 Art. 1 Subject to the maximum amount of loans payable of which Article 1, paragraph 2, of the Law 109 of August 3, 2009, the terms of Article 5, paragraph 1 thereof and in Article 1, first paragraph, the related Regulations of 22 October 2009 n. 2, already patched with Article 27, second paragraph, of Law 168 of 21 December 2009, Article 4 of the Decree - Law 172 of 26 October 2010, Article 1 of Decree - Law 24 February 2011 42 and Article 1 of Decree - Law 146 of 20 September 2011, shall be extended to 30 June 2012. Art. 2 due to the exceptional snowfall that occurred in the area during the month of February 2012 which resulted in damage to property and to movable property pertaining to economic activities, on an exceptional and urgent you take the following measures. Paragraph 2, Article 4 of Law 109 of August 3, 2009 are added, the following points g) and h): "g) investment having as their object the repair and / or reconstruction of buildings that have suffered structural damage during weather events of exceptional nature identified by special decree, which defines the maximum extent of intervention and eligibility requirements for integration and / or modification of those provided by this law; h) investments relating to the repair and / or replacement of machinery and equipment damaged during the events referred to in point g) above. ". Investments within the meaning of the letters g) and h), paragraph 2, Article 4 of Law 109 of August 3, 2009 as amended by this decree, will be funded for a maximum amount of € 1,000,000.00 and benefit from an account contribution from the state interests no more than 80% of the discounted interest rate. Except as provided in the preceding paragraph the amount of financing is calculated on the basis of cost estimates for investment and taking into account any compensation conditions resulting from active insurance policies for property subject of intervention. They can not benefit from the investment funds referred to in subparagraphs f) and g), paragraph 2, Article 4 of Law 109 of August 3, 2009 the companies that have been damaged to an extent less than 20,000.00 euro. Exclusively in relation to the investments referred to in Article 4, paragraph 2, letter g) and h) of Law 109/2009, as supplemented by the provisions of this decree, they can access the benefits of the same Act also agricultural operators licensed . The enjoyment of the interest subsidy of Law n. 109/2009 is incompatible with the recognition of the interest rate subsidy provided for in Articles 20 and 21 of Law 20 September 1989 n. 96, while it is subject to the possibility for professional farm operator to benefit, in relation to these investments, the contribution referred to in article 5. The investments referred to in paragraph 2 above are also permitted in cases where the property both owned by third parties provided that the costs are borne of the undertaking using
as part of their economic activity. There are also eligible funding to repair and / or reconstruction of works that at the time of the occurrence of the damage showed violations of zoning and building laws in force. Art. 3 Subject to the ability to access all types of incentives provided by Law 109 of August 3, 2009 and the Decree - Law 146 of 20 September 2011, the examination of the application practices of extraordinary credit funding is given prioritize investments referred to in points g) and h), paragraph 2, Article 4 of Law 109 of August 3, 2009 as amended by the preceding Article 2. to this end, requests for funding for investments referred to in points g) h) must be submitted by April 15, 2012. Art. 4 to access the benefits referred to in Article 3 businesses that have suffered damage must submit: - cost estimates for repairs, reconstruction and / or purchase of property and damaged chattels; - Sworn expert on the cause of the damage and the amount thereof; - Documentation regarding the compliance of construction works damaged the rules of urban planning and construction. - Copy of the insurance policy on the property or on damaged movable or declaration of non-existence of insurance coverage. Art. 5 In order to compensate part of the losses incurred by farmers during the exceptional snowfall that occurred in the area in February 2012 has implemented an economic intervention of the ordinary attributable character on 2-4-6735 chapter "Financing Law 20/09 / 1989 96 contributions and premiums "in favor of the damaged operators, subject to the transfer provisions under Article 25 of the law 18 February 1998 n.30. By Commission Regulation for Environmental Resources and Agriculture have established forms and rules for the application of the aforementioned economic intervention in analogy to the provisions of article 4 of this Decree. For the purposes referred to in the first paragraph and in exceptional cases, notwithstanding the provisions of article 1, paragraph one of the Law 37 of October 25, 1973, the Consortium for the management of the decision to use the Solidarity Fund "Fund solidarity "also indemnify or compensate the consequent economic damage to the elements referred to in paragraph one whose effects have caused the decay or loss of trees. Art. 6 In exceptional circumstances and in derogation from the requirements of Article 3 of Law 110 of December 15, 1994 and subsequent amendments, citizens and residents, owners of buildings who have suffered structural damage during the exceptional snowfall that occurred in the territory in February 2012, may be eligible, within the limits of the availability of the relevant chapters of the budget estimate, the soft loan provided for in Article 32, first paragraph, letter d), e) and f) of the 110/1994 law cited above and subsequent amendments to the measures aimed at repairing the buildings. The documents to be produced to the Commission for the Funded Construction for access to the benefits specified in para first is that in Article 4 of this Decree. Art. 7 By way of exception and notwithstanding the provisions of article 25, paragraph two of the Law 30 of February 18, 1998, in order to obtain the financial resources necessary to support the postponed expenses relating to en route service carried out at the snow atmospheric events of February 2012, the State Congress shall have power to dispose transfers of funds between chapters of the same Department although belonging to different expenditure titles. TITLE II URGENT MEASURES AIMED AT SUPPORTING THE ECONOMIC SYSTEM Art. 8 In order to support the reorganization of the banking sector, the period referred to in Article 8 of the Decree - Law 158 of 25 November 2009, was extended to December 31, 2012 . Art. 9 a partial modification and integration of the provisions of Article 27 of Law 91 of 1984 as amended and supplemented, in order to support the intra-group reorganization, the sale of shares in the company by San Marino of foreign companies in favor of other companies of the same group of companies it does not constitute speculative purposes, and therefore any capital gain, determined pursuant to the second paragraph of that article, the application is free for income tax purposes. Where the acquiring undertaking disposes of participation in subjects outside the group of companies within five years from the date of purchase, the eventual capital gain value is increased by the amount corresponding to the capital gain is exempt under the above. Art. 10
In order to rationalize and simplify the relations between the tax authorities and taxpayers in relation to the management of credit / debit positions against the Tax Office, and waiting for the completion of the implementation of the project "tax account" the tax credit resulting from annual report for the purposes of refund of tax on imports, the tax return and its annexes and the declaration of the withholding agent can be used for payment: a) general income taxation, of advances and amounts to it related; b) The tax on imports, including through the payment of any debit balance of the annual single declaration and the amounts related to it; c) any other relevant sums Tax Office, including interest and penalties, excluding the withholding tax on interest under Law 81 of May 25, 2005. The above provisions will already apply as from the pending definition of practices for which have not yet expired the terms of prescriptions. Art. 11 A partial amendment of the provisions of Article 34 of Law 70 of 25 May 2004 and Article 5 of 39/2004 Decree, the maximum length of time for payment for sums listed under that Act it is set at 60 months Art. 12 in partial derogation of Article 6, paragraph 11, of the Law 31 March 2010 n.73, a ban on the temporary lay-off, for reason other than force majeure, and of 'Benefits Special Economic spouses and parents and relatives within the first degree of the owner of the business is limited to the first five years of working continuously held at the company of their family. To the enjoyment of the above are the families admitted Officer of the company, covered by the same order of kinship and affinity, which play an ongoing employment with the company for more than five years. Art. 13 In Article 6 of the Chief Executive Decree 26 October 2009 n. 147 are added the following paragraphs: "Similarly, the Commission of Labour will adopt a special resolution for the regulation of occasional and casual work in enterprises for the leisure Management, Sport, Performing Arts and Cultural Activities Nonprofit. The use of intermittent and occasional work is also allowed also in the commerce and service from crafts or production-based and direct relationship with the public and in cases of urgent replacement of absent staff certified disease. ". With reference to Article 5 paragraph 2 of Law no. 158/2011 to calculate the contribution to the segregated fund must be paid on the sums actually paid to the employee regardless of the minimum income required under Article 11, paragraphs 1 and 2 of the same law. Art. 14 E 'allowed to work in corporations, both in the directives and operational headquarters of the company, those bearing the corporate offices of Director, Managing Director or the administration and generally of those who by virtue of charged social, have the representation and management of the company provided that it concerns management tasks of the company with the exclusion of any entry in the industrial / business craft production cycle. The social position of the above, should be the corporate books or from the company's validity certificate. Work activities referred to in this Article shall be subject to contributions and insurance charges if and as required by current regulations. TITLE III OTHER TAX PROVISIONS Art. 15 Article 18 of the Decree - Law n.172 / 2010, after paragraph 3 the following paragraphs are added: "The persons referred to in Articles 19 and 20 of Law 91 of October 13, 1984 must pay the advances in the terms provided in the preceding paragraph 3 should pour two equal payments General of tax on Income amount relative to the tax period, commensurate each to the middle of: a) 50% General of tax on Income weighing on self-employment income declared for the previous tax year; b) 70% General of Tax on Income tax is charged on business income declared for the preceding tax year. Individuals calculate advances above after deduction of compulsory social security contributions which is highlighted in the tax return for that period tax and social security contributions to be calculated on the declared income for the same year. The overall amount of tax to which commisurare advances is calculated as follows: the taxable income earned in accordance with the above provisions shall apply
dell'IGR rates or the proportional tax; thus obtained is subtracted from the amount the subjective tax deduction for exempt portion required by law. The payment of advances is not due if, before the date of payment, the economic activity is suspended or terminated. ". Art. 16 The second paragraph of Article 38 of Law no. 200/2011 is amended as follows: "The tax must be paid by March 31, 2012 directly at banks or through compensation with credits available at the counter Cash Tax Office. In the case of individual licenses in joint names of the tax payment covers economic activity as a whole and not per individual co-holder. Similarly in the case of partnerships between professionals obliged to fill in the "M Framework". For the first three years of operation, reference is made to the first issue of the permit, in the case of self-employed workers, enrollment original Labour Office. ". Besides the persons referred to in paragraph 4 of Article 38 of Law n.200 / 2011, are exempt from the application of minimum income: - subjects already required to pay the tax on the authorization to perform the reserved activities mentioned Article 53 of Law 168/2009; - The institutions, foundations and associations that do not have profit-making and all entities exempt from the submission of the tax return of Law n.91 / 1984 and subsequent amendments and additions; - Cooperatives, associations and other institutions and assimilated. Notwithstanding the provisions of Article 38 of Law n.200 / 2011 the beneficiaries of the tax relief under Law 134 of 24 November 1997 "Law to support new youth and women's entrepreneurship" are required, regardless of the form legal exercise of business activities, the minimum income tax payment in the € .300,00 measure. Failure or insufficient payment of the minimum income within the period provided for in Article 38 of Law no. 200/2011, ascertained by the Tax within the ordinary terms of limitation of assessment, involves the application of an administrative penalty equal to 15% of tax. The payment delay with less or equal to 30 days give rise to an administrative penalty equal to 5% of tax due; for delays of more than 30 days the administrative fine is equal to 15% of tax. Late payments shall commence, according to law, interest at the legal rate plus two percentage points. They not have issued orders to pay for defaults on payment of the tax (penalties and interest) if the amount does not exceed EUR 10.00. also not due payments or refunds if the amount owed does not exceed EUR 10.00 on an annual basis. Art. 17 The third paragraph of Article 35 of Law no. 200/2011 is amended as follows: "The provisions of Article 13, second, third, seventh, eighth paragraph, of the 184/2011 Law shall also apply in relation to tax under this Article mutatis mutandis. In this regard the references in the said Article shall be construed to 2010 to 2011. ". Article 35 of Law no. 200/2011 is added to the fourth paragraph: "In case of failure or insufficient payment, the procedures will be adopted pursuant to Law 91/1984 and subsequent amendments and additions applicable to failure to pay the tax on income IGR.". Art. 18 The withholding tax provided for in Article 39, fifth paragraph, of the Law 91 of October 13, 1984 and subsequent amendments and additions, the remuneration paid to non-residents with effect from January 1, 2012, in the only case of collaborations coordinated and continuous project referred to in Article 18 of Law 131/2005, should be carried out on the compensation payable, net of social security contributions mandatory fee paid by the employee. Art. 19 The deadline for the payment of tax on the authorization to carry out activities reserved for in Article 53 of Law no. 168/2009 is suspended in the case of parties which have put forward, by 31 December of the year preceding the reference, formal requests to the supervisory authority having the consequence of the cancellation of the same from the register of authorized persons, pursuant to Law 17 November 2005 165. The aforementioned suspension shall have effect until the 30th day following the date of cancellation from the register of authorized persons. Within this period the taxpayer is required to pay the tax on the authorization to carry out activities in the reserved
an amount equal to the portion of the amount provided for in Article 53 of Law no. 168/2009 corresponding to the period between January 1 of the year in which occurs the cancellation of the register of authorized persons until the date removal from Annex. Banks and Financial institutions in compulsory liquidation are exempt from paying the tax on record fiduciary mandates provided for in Article 38 of Law 172 of 16 December 2004 on account of the withdrawal of the authorization to the exercise of reserved activities and the resulting in changed legal status of fiduciary relationships. The transfer of fiduciary contracts between supervised entities persisted in the hands of the same the same grantor, and the same object, implies the applicability of the provisions of Article 38 of Law 172 of December 16, 2004 the payment of ' tax record on fiduciary contracts in the annual measure provided for € 50.00. Given at Our Residence, this day of marzo 28 2012/1711 THE CAPTAINS REGENT Gabriele Gatti - Matteo Fiorini THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta

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