San Marino (SM)

Jurisdiction Overview

363 *Tax Rulings: Are unilateral cross-border tax rulings (e.g. advance tax rulings, advance tax decisions) available in laws or regulation, or in administrative practice? Unknown
 Data Date: 2019


According to the OECD, San Marino cannot legally issue unilateral cross-border tax rulings (OECD UTR 2018: 393). However, the IBFD (2019d) indicates that a tax ruling request can be submitted by taxpayers if it is objectively unclear where the interpretation or application of statutory provisions lies, as per Article 123 of the Law No. 166 of 16 December of 2013 on the general income tax. The tax office's written reply and interpretation is binding on the tax office only for the specific applicant and issue. Where the tax office does not reply within the required 60 days, the requested tax treatment or interpretation required by the taxpayer is considered accepted. Therefore, the legal situation is not clear with regard to tax rulings.


OECD UTR 2018: 393
IBFD 2019d