Decree Law 149 Of 22 September 2011 (Ratification Decree - Law 124 Of August 3, 2011) Several Urgent Fiscal Measures

Original Language Title: Decreto Legge 22 settembre 2011 n.149 (Ratifica Decreto – Legge 3 agosto 2011 n.124) Provvedimenti fiscali diversi urgenti

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Draft decree Chief

DECREE 22 September 2011 149
(Ratification Decree Law 124 of August 3, 2011)

We the Captains Regent of the Most Serene Republic of San Marino

Given the Decree Law 124 of August 3, 2011 - "several urgent fiscal measures", promulgated:
Given the necessity and urgency referred to in Article 2, paragraph 2, point b) of
Constitutional law 183 of 15 December 2005 and Article 12 of law 184 of 15 December 2005
Qualified namely the need to change the implementation measures
taxes for which operational difficulties persist for
taxpayer or for which it is recognized the need to amend the removal
line with the institutional purpose of such taxes and at the same time the urgent need
immediately make these changes to prepare their
in time enforceability;
Given the decision of the 34 State Congress adopted in the sitting of 18 July
Given the amendments to the above Decree in connection with ratification of the same by the Great and General Council
its meeting on 15 September 2011;
Having regard to Articles 8 and 9, paragraph 5, of the Qualified Law n.186 / 2005;
Promulgate and publish the definitive text of Decree Law 124 of August 3, 2011
as amended as a result of the amendments approved by the Great and General Council
home to ratification:


1 (single phase Reimbursement applied Tax Valuation Office Consumer and Tax Manufacturing

With reference to the Resolution of the Congress of State January 25, 2010 # 14 is permitted
single tax refund paid by the operators indicated by the aforementioned Tax Resolution
Erariale Consumer and Tax Manufacturing.
The economic operators referred to in the preceding paragraph may lodge the application
refund within 30 September 2011 prepared by filling in a special application form
Tax Office which will include the documentation proving that occurred
tax payment.
The Tax Office will refund, after verification of the documents aimed at
attest, also based on its findings, the actual payment of the tax, by 31 December 2011
with allocation of the sums on the chapter Output 02/01/2840 - Repayments
imposed on imports.

Art. 2
(Set single-phase energy products distributed by the public network)

As from 1 January 2012 the importation of natural gas (CNG), electricity and drinking water
energy, distributed by the public network, is exempt for the purposes of tax on imports
of Law December 22, 1972, n. 40 and subsequent amendments and additions.
As from January 1, 2012 shall be repealed:
1. Article 48 of Law 165 of 18 December 2003;
2. the Decree of 19 April 2004 n.46; 3
. Decree 2 February 2005 n.15.
The Company Purchases of Autonomous State for Public Services for the products of which
paragraph 1 above and to the services related to them are not covered by the procedures laid down
Law 96 and 17 September 1999 Decree of January 20, 2000 n.10 and subsequent changes and additions

Art. 3
(Provisions on Set on Complementary Services)

As from 1 January 2012 private health services referred to in Article 10 of the Decree Chief
22 March 2011 n.50 are not taxable for the purposes of Tax
on Complementary Services established by Article 48 Law no. 194/2010.

Art. 4
(different provisions on registration tax)

The benefits referred to in the second paragraph of Article 58 of Law 22 December 2010 n. 194
are also extended in cases of transfer of ownership to a new lessor, good
building already under finance lease, which as a result of early termination
due to user failure , she has returned to the lessor availability.
The real estate so transferred shall be subject to a new leasing contract stipulated by
within twelve months from the act of purchase. Otherwise, the buyer (or lessor)
will have to pay the difference on taxes due.
The benefits of Law 27 July 1979 n. 50 are extended to holders of "
Agricultural Operator License" under Law 20 September 1989 n. 96.
The Commission Environmental Resources and Agriculture, attesting the legal status, the residence of the

Owner of "Operator License Agriculture", the corporate headquarters as well as the fulfillment of the effective
activities of "Grower Direct" or "Agricultural Entrepreneur" with certificate confirming the existence of the requirements of
referred to in the second paragraph.

Art. 5
(Provisions on the repayment phase)

Article 6 (Measurement of repayment) of Decree 163 of 29 November 2004 following paragraphs are added

"The active credit notes or equivalent documents, resulting in commercial agreements with suppliers
estimates, which, as such, contribute directly to the formation of the price of
purchase of imported goods, are recorded as a direct reduction in the volume purchase and must
be listed separately in the forms for the annual statement with reference to the above
trade agreements. Trade agreements must be kept available to the Office
Tax, which may at any time verify the regularity. The single-phase tax relating to these active
notes, also shown separately in the forms for the annual declaration,
is refunded to the operator, so when added tax to be refunded calculated on
exports in the manner of the preceding paragraphs.
The provisions of the preceding paragraph shall apply only after questioning estimate
of taxpayer Tax Office with a favorable outcome for the taxpayer and do not apply
when trade agreements are no estimates to the import operation. ".
The provisions of this Article shall apply as from tax year 2011.

Art. 6
(Provisions on general income tax)

The subjects, by birth residing in the Republic of San Marino, which cover
charge of international officials at the United Nations or other international intergovernmental organizations
are in accordance with international regulations in
force, exempt from all taxation on salaries and emoluments paid to them by the same
International Organizations. These incomes are therefore exempt the purpose of charging general
income of Law 91 of October 13, 1984.
The letter f), Article 10 of Law 91 of October 13, 1984 and subsequent amendments
is replaced by the following:
"f) allowances, prizes, tokens and the like provided to persons who provide
Corps volunteer service in the uniformed San Marino and public marching bands; ".
The period referred to in the second paragraph of Article 4 of the Decree Law No. 112/2011
extended to 31 May 2012.

Given at Our Residence, 22 September 2011/1711 dFR

Maria Luisa Berti - Filippo Tamagnini


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