SAN MARINO


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
186/2005;
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting on July 19, 2011:


LAW July 22, 2011 106

PROVISIONS FOR THE IMPLEMENTATION OF SERVICE TAX
INTERNATIONAL THROUGH EXCHANGE OF INFORMATION


TITLE I GENERAL PROVISIONS ON INFORMATION EXCHANGE

Art.
1 (Promotion of bilateral agreements)

The State Congress is engaged in the activity of enhancing bilateral arrangements
tax cooperation by signing, with the states and jurisdictions available
, of agreements to avoid double taxation and agreements for the exchange of information
on the basis of the standards and by the OECD defined models.
Under these treaties the Congress of State has also committed to negotiate and sign agreements that cover
forms of administrative assistance on a voluntary basis, to
request or automatically, in line with the provisions of the "Memorandum of Understanding "
endorsed by the OECD and / or the provisions of Directive 2011/16 / EU on administrative cooperation between Member
on tax, adopted by the EU Council on 15 February 2011.

Art. 2
(Exchange of Information on Tax Matters)

The exchange of information in tax matters between the Republic of San Marino and the other
States and Jurisdictions shall respect and in accordance with what is established in international agreements
into force, the provisions of Decree Law February 24 2011 36 and those
of this Act.
Pending the conclusion and entry into force of the Agreements between the Republic of San Marino and
other states or jurisdictions for avoidance of double taxation and / or facilitate the exchange of information in tax matters
Based on the Standard OECD, the provisions of Title III
define the manner in which the Republic of San Marino provides tax information on
request to those States or Jurisdictions with which the negotiated agreement, initialed in accordance with the law
international, has not yet entered into force.
After the entry into force of the agreements referred to in the preceding paragraph
exchange of information takes place in the manner and in accordance with what is established in them and
in accordance with the specific provisions including those of this Act.
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Art.
3 (Definitions)

For the purposes of the provisions of this Title, unless otherwise defined:
a) "requesting State" denotes the state or jurisdiction that requires information to
under this Act;
B) the term "person" includes an individual, a company and any other body of persons
;
C) the term "company" means any body corporate or entity treated as a legal entity for tax purposes
;
D) the term "tax" means the taxes defined in the agreements as well as those defined in Article 10
to implementing the provisions of Title III;
E) the expression 'measures for the collection of information "means laws and administrative or judicial procedures
that allow a requesting Party to obtain and provide the information requested
;
F) the term "information" means any fact, statement or record in any form
;
G) the term "criminal tax matters" means tax matters involving intentional conduct
liable to be prosecuted under the criminal laws of the requesting State;
H) the term "criminal" law means all criminal laws designated as such under the domestic law of the requesting State
, regardless of whether they are contained in
tax laws, in code criminal or other statutes;
I) the term "negotiated agreement" means an agreement for the exchange of information or a
agreement to avoid double taxation for which the negotiation phase ended
through the initialling of the text or It occurred the subscription but not yet ratified or entered into force
.


TITLE II EXCHANGE OF INFORMATION ON THE BASIS OF BILATERAL AGREEMENTS

Art. 4
(Rules and criteria for the implementation of the exchange of information)

Except as expressly provided for in the agreements referred to in Article 2
sending requests for information to the competent authorities and the receipt by them of

Information must be in compliance with the formalities and procedures established by the OECD,
in "MANUAL ON THE IMPLEMENTATION OF EXCHANGE OF INFORMATION PROVISIONS FOR TAX PURPOSES
- MODULE 1 ON EXCHANGE OF INFORMATION ON REQUEST
(2006) ", as amended.

Art. 5
(Evaluation of applications received)

The Central Liaison Office, prior to activating the internal procedures aimed at
acquire the object information of a request from a foreign authority, verifies
elements of that assessing their eligibility than stated in the agreements, the criteria
General referred to in Article 4, the provisions of this Act and those of Decree law
24 February 2011 n.36.
In case of a valid and complete application, the Central Liaison Office proceeds
acquisition, directly or indirectly, of the information required, the purpose of the exchange.
The Central Liaison Office, should evaluate the request inadmissible for
incomplete information, or for the reasons set forth in Article 6 shall promptly
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notification to the competent authority of the requesting State, which may incorporate elements
request or formulate a new correct.

Art. 6
(Causes for refusing a request)

The Central Liaison Office does not give rise to forms of assistance governed
in this Act, including those of Title III, if:
a) it is established that the requesting party has not pursued at all the means available
own territory to obtain the information, except in cases in which recourse to such means
would give rise to disproportionate difficulties;
B) to process your request and to communicate information to the requesting
are contrary to public policy;
C) requests do not contain sufficient information to establish the likely relevance of the information requested
administration and enforcement of the domestic laws of the states or jurisdictions
applicants;
D) the request is not detailed and contains references and / or generic indications such as
qualify the request according to the term used within the OECD of "fishing expeditions",
or as an indiscriminate attempt to obtain information ;
E) in the forms of cooperation covered by Title III of this Act
the request does not contain the elements referred to in Article 11, paragraph 6.
The Central Liaison Office is obliged to refrain from providing information:
a) which would disclose any trade, business, industrial, commercial or procedure;
B) that would reveal confidential communications between a client and an attorney, solicitor or other legal representative
enabled where such communications are:
a. produced for the purpose of the application or provision of legal advice;
B. produced for the purpose of their use in legal proceedings in progress or planned.
The Central Liaison Office may refuse a request for information if
information is requested by the requesting Party to administer or enforce a provision of the
tax law of the requesting Party, or a related obligation, which discriminates against a
San Marino citizen than a citizen of the requesting Party in the same circumstances.
The Central Liaison Office is not required to provide information that is neither
held by San Marino authorities or are in the possession or under the control of people or companies that
are in the Republic of San Marino.
In any case, the Central Liaison Office not result in the exchange of information
, if the request is not carried out according to the bilateral agreement, and in accordance with applicable
.


Art.7 (Measures for the collection of information)

Except as provided by Articles 11, 12 and 15a of the Law of 18 June 2008
95 as amended by Decree Law 36 of 24 February 2011, the Central Liaison Office can acquire
information directly from persons who hold or have
control of information covered by the request.
The acquisition referred to in the previous paragraph may be:
a) based on direct request, which must:
1. be made in writing and forwarded with appropriate means to verify receipt;
2. contain useful elements to identify the item of information requested; 3
. contain reference to the circumstances of execution of an agreement or of one of the forms of cooperation
set forth in Title III;
4. recall specifically any rules regarding the confidentiality of the request;

5. indicate any mode and the required processing times;
4
b) requiring the cooperation of the offices and the authorities referred to in Articles 12 and 17a of Law
18 June 2008 95 as amended by Decree Law 36 of 24 February 2011 on the basis
to their powers and their respective functions.
With reference to the previous paragraph 2 point a) the assignment of terms
will have to take account of the reasonable period of time required to process the request as well as to its
complexity.


Art.8 (Request for assistance to foreign authorities)

The demand for tax-related information to foreign authorities is activated by
Central Liaison office or at the request of San Marino competent authorities
during the control and assessment of the taxes covered by the agreements are implemented of which

Article 2. the request referred to in paragraph 1 must contain the elements and will have to be formulated in the manner prescribed by
agreements and the provisions of this Act.


TITLE III EXCHANGE OF INFORMATION IN THE MORE THE ENTRY INTO FORCE OF THE AGREEMENTS


Art.9 (Scope of the provisions of Title III)

The Central Liaison Office (CLO) provides assistance to the competent authorities of the Member
or jurisdictions referred to in Article 2, paragraph 2
through the exchange of information that is foreseeably relevant to the administration and implementation
internal laws to those States or jurisdictions concerning the taxes referred to in article 10.
such information includes information that is foreseeably relevant to the determination,
assessment and collection of such taxes, recovery and enforcement of tax credits
, or the investigation or prosecution of tax matters.
The exchange of information takes place in accordance with the provisions of this Title
irrespective and regardless of the content of the relevant agreement, not yet entered into force
.
The rights and safeguards secured to persons by the laws or practices of administrative
in the Republic of San Marino shall remain applicable to the extent that no
prevent or unduly delay effective exchange of information.


Art.10 (Taxes covered)

The taxes covered by the exchange of information in accordance with the provisions of this Title III
are taxes imposed by the requesting State on the basis of the laws in it in force at the time of the request
.


Art.11 (avoidance mode of requests for information)

Subject to the provisions of article 6, the Central Bureau of
Link provides, on request, the information referred to in Article 9 competent authority of the requesting State
. Such information is provided regardless of whether the conduct would be monitored
constitutes an offense under the San Marino law, provided that such conduct shall have been
be within the Republic of San Marino.
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For the purpose of acquisition by the Central Bureau of Connecting
information being required by the provisions of Law Decree 24 February 2011
36, as amended.
The Central Liaison Office shall ensure that the requests for information
can be processed, as a rule, within 90 days of receiving the request.
If the complexity of the request requires longer times the CLO shall inform the competent authority of the requesting State
.
The ordinary costs incurred in providing assistance under this Act are to be borne by
Sammarinese. If the provision of care requires the
incurring extraordinary costs, the Central Liaison Office shall inform the authority of the requesting State
and evasion of the request for information is subject to specific arrangements
on the breakdown of those costs.
If specifically requested by the competent authority of the requesting State,
the Central Liaison Office will provide the information in accordance with this Law, in San Marino
extent permitted by law, in the form of depositions of witnesses and
certified copies of original documents.
The competent authorities of the requesting State shall provide the following information
Central Office Link when making a request for information pursuant to the provisions of this Act
in order to demonstrate the likely relevance of the
information to the request:
a) the identity of the person under examination or investigation;

B) a statement of the information sought including its nature and the form in which the requesting Party
want to receive the information from the requested Party;
C) the tax purpose for which the information is sought;
D) the reasons why it considers that the information requested is held in the Republic of San Marino
, or that are in the possession or under the control of a person within the jurisdiction of the Republic of San
Marine;
E) to the extent known, the name and address of any person believed to be in possession of the requested information
;
F) a statement that the request complies with the law and administrative practices
of the requesting State, that if the requested information were
in the jurisdiction of the requesting State, then the competent authority of that State would be
able to obtain the information according to their own laws or in the normal course of administrative practice
;
G) a statement that the requesting authority has resorted to all
means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties
.
Member States or jurisdictions referred to in Article 9 intending to apply
forms of assistance governed by this Act shall notify the Secretariat of State for Foreign Affairs
through the diplomatic channel particulars of the competent authorities to activate
request for assistance by providing, updating and possibly over time, as any other relevant information that
to identify the referents of those authorities.
The Secretary of State for Foreign Affairs Central Office notification connection
the list of states and jurisdictions referred to in Article 9 to which it is applicable to the exchange of information under this
law providing periodic updates to the necessary
changing conditions of applicability of the cited article.


Art.12 (Confidentiality)

The information provided to the requesting State under this Title III
must be treated as confidential and may not be disclosed to persons or authorities (including
courts and administrative bodies) in the jurisdiction of the requesting State: || | 6
a) involved in the assessment or collection of taxes;
B) entrusted with the enforcement of prosecution in respect of (with the right to use the
information during court proceedings or in judicial decisions);
C) competent on the decisions of appeals in relation to these taxes.
The persons or authorities referred to in the preceding paragraph may use the information only for such purposes
.
Except as provided in the preceding paragraphs 1 and 2, the information can not
be disclosed to any other person, entity or authority or any other jurisdiction without the express consent of the Secretariat
wrote of State for Finance and Budget.
The violation of the provisions of the preceding paragraphs from people or
of the requesting State authorities entails the suspension of the forms of assistance governed by the
This Title III as regards that applicant State with the measure adopted
by the State Congress on the proposal of the Secretary of State for Finance and Budget.
TITLE IV FINAL PROVISIONS




Art.13 (Final Provisions)

The Central Liaison Office is authorized to provide the forms of assistance
governed by Title III of this Act after the entry into force of the same, and
for information regarding this case the period income of competence d 'sets beginning
with effect from 1 January 2011 and thereafter.
The implementation of the Agreement between the Republic of San Marino and the European Community
providing for measures equivalent to those laid down in Directive 2003/48 / EC on taxation of savings
income in the form payments of interest, signed in Brussels on 7 December 2004
, does not prevent the forms of exchange of information covered in this
law, which therefore also apply in respect of income covered by that agreement.


Art.14 (Entry into force)

This Law shall enter into force on the fifteenth day following that of its legal publication
.



Our Residence, 22 July 2011/1710 dFR



THE CAPTAINS REGENT
Maria Luisa Berti - Filippo Tamagnini






THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta