San Marino

San Marino has 23 tax agreements in force, as reported in its response to the Peer Review questionnaire. One of those agreements, the agreement with Serbia, complies with the minimum standard.

Saint-Marin compte 23 conventions fiscales en vigueur, comme l’indique sa réponse au questionnaire d’examen par les pairs. L’une de ces conventions, celle conclue avec la Serbie, est conforme au standard minimum.

San Marino can legally issue the following two types of rulings within the scope of the transparency framework: (i) preferential regimes With respect to the following preferential regime: IP regime. In the prior year report, it was noted that San Marino could legally issue rulings with respect to the following preferential regimes: 1) New companies regime (New companies regime provided by art. 73, law no. 166/2013), 2) High tech regime (Regime for high-tech start-up companies under law no. 71/2013 and delegated decree no. 116/2014) and 3) IP regime. San Marino has since clarified that rulings can be issued only with respect to the IP regime. and (ii) permanent establishment (PE) rulings. Rulings are issued by the Tax Office of San Marino.

Overall determination on the legal framework: In Place

San Marino was reviewed as part of the 2017/2018 and the 2018/2019 peer reviews. This report is supplementary to those previous reports (OECD, 2019[1]) (OECD, 2018[2]).

Saint-Marin compte 22 conventions fiscales en vigueur, comme l’indique sa réponse au questionnaire d’examen par les pairs. Sa convention avec la Serbie est conforme au standard minimum.

San Marino has 22 tax agreements in force, as reported in its response to the Peer Review questionnaire. Its agreement with Serbia complies with the minimum standard.

This peer review covers San Marino’s implementation of the BEPS Action 5 transparency framework for the year 2018. The report has four parts, each relating to a key part of the ToR. Each part is discussed in turn. A summary of recommendations is included at the end of this report.

San Marino was first reviewed during the 2017/2018 peer review. This report is supplementary to San Marino’s 2017/2018 peer review report (OECD, 2018[1]). Since the last peer review, San Marino has introduced primary legislation in order to implement CbC Reporting requirements. The filing obligation for a CbC report in San Marino applies to reporting fiscal years commencing on or after 1 January 2019.

1. Consistent with the agreed methodology this first annual peer review covers: (i) the domestic legal and administrative framework, (ii) certain aspects of the exchange of information framework as well as (iii) certain aspects of the confidentiality and appropriate use of CbC reports. San Marino does not have a legal and administrative framework in place to implement CbC Reporting and indicates that it will not apply CbC requirements for the 2016 fiscal year. It is recommended that San Marino take steps to implement a domestic legal and administrative framework to impose and enforce CbC requirements as soon as possible, and put in place an exchange of information framework as well as measures to ensure appropriate use.