Regulation No. 2019-02 on the Procedures for Feeding and Maintaining the Debtor Registry

Central Bank of the Republic of San Marino
Regulation No. 2019-02 on the Procedures for Feeding and Maintaining the Debtor Registry (Update II) REGULATION ON THE PROCEDURES FOR FEEDING AND MAINTAINING THE DEBTOR REGISTRY Year 2019 / Number 2 (Consolidated text as of February 27, 2026 – Update II)

Central Bank of the Republic of San Marino
Regulation No. 2019-02 on the Procedures for Feeding and Maintaining the Debtor Registry (Update II) INDEX
PART I GENERAL PROVISIONS .................................................................................................................... 3
Title I Legislative Sources and Definitions .............................................................................................................. 3
Article I.I.1 - Legislative Sources......................................................................................................................................................................... 3
Article I.I.2 - Definitions................................................................................................................................................................................. 3
Title II Objectives and Structure of the Regulation .............................................................................................. 4
Article I.II.1 - Purposes ...................................................................................................................................................................................... 4
Article I.II.3 - Structure ................................................................................................................................................................................... 4
PART II DEBTOR REGISTRY ..................................................................................................................... 4
Title I Criteria and Methods for Forming the Debtor Registry ............................................................ 4
Article II.I.1 – Frequency of Formation and Publication of the Debtor Registry ........................................................................... 5
Article II.I.2 – Subjective and Objective Requirements for Registration in the Debtor Registry .................................................................... 5
Article II.I.3 – Methods for Excluding Tax Collection Notices or Taxes Subject to Judicial Appeal .................. 6
Article II.I.4 – Information Comprising the Debtor Registry .................................................................................................. 6
Title II Rectification of Debtor Registry Information ................................................................. 7
Article II.II.1 – Cancellation for Payment of Amounts Registered or Due to Write-off ......................... 7
Article II.II.2 – Cancellation for Signing of Payment Installment Plan, Payment Promise, or Favorable Settlement ................................................................................................................................................ 8
Article II.II.3 – Rectification and/or Cancellation of Material Errors ................................................................................................................ 8
PART III FINAL PROVISIONS ........................................................................................................................ 8
Title I Final Provisions ............................................................................................................................... 8
Article III.I.1 - Publication of the Debtor Registry ........................................................................................................................... 8
Article III.I.2 – Feedback from Issuing Authorities ......................................................................................................................................... 9
Article III.I.4 - Entry into Force of the Regulation ..................................................................................................................................... 9

Central Bank of the Republic of San Marino
PART I
GENERAL PROVISIONS
Title I
Legislative Sources and Definitions
Article I.I.1 - Legislative Sources

1. This Regulation is issued pursuant to Article 2 of Law No. 93 of July 30, 2018, as amended by Article 23 of Law No. 88 of May 30, 2019, and by virtue of the regulatory powers of the Central Bank provided for in Article 30 of Law No. 96 of June 29, 2005.

Article I.I.2 - Definitions

1. The following are the definitions of some terms recurring in these provisions:
2. "Debtor Registry": the list kept in electronic format by the TAX COLLECTION DEPARTMENT, drawn up according to the methods of this Regulation in implementation of the provisions of Article 2 of Law No. 93 of July 30, 2018, as amended by Article 23 of Law No. 88 of May 30, 2019, reporting information regarding subjects who are debtors of amounts registered in the tax roll pursuant to Law No. 70 of May 25, 2004 and subsequent amendments and integrations, and who possess the requirements for publication provided by the Law;
3. "Tax Collection Debt": the amount of sums owed by the DEBTOR to the TAX COLLECTION DEPARTMENT for tax collection notices having the characteristics described in the following Article II.I.2;
4. "Debtor": the subject holding tax collection notices issued by the TAX COLLECTION DEPARTMENT for the collection of taxes or other sums registered in the tax roll pursuant to Law No. 70 of May 25, 2004 and subsequent amendments and integrations;
5. "Installment Plan": the payment installment plan for tax collection notices provided for in Article 34 of Law No. 70 of May 25, 2004 and subsequent amendments and integrations, and Decree No. 39 of March 24, 2004;
6. "Tax Collection Department": the organizational unit of the Central Bank entrusted with carrying out the Tax Collection Service entrusted to the Central Bank by Law No. 96 of June 29, 2005 and Law No. 70 of May 25, 2004 and subsequent amendments and integrations;
7. "Issuing Authority": the Office, Service, or Entity of the Public Administration or the Extended Public Sector, adhering to the Single Tax Collection Service, which forms the tax roll with which it entrusts the TAX COLLECTION DEPARTMENT with the collection of its taxes pursuant to Law No. 70 of May 25, 2004 and subsequent amendments and integrations;
8. "Tax Collection Legislation": Law No. 70 of May 25, 2004 and subsequent modifications and integrations, and other normative provisions regarding the collection of taxes through the Tax Collection Service;
9. "Payment Promises": the commitment assumed by debtors, pursuant to Article 34 bis of Law No. 70 of May 25, 2004, regarding the payment of debts to the TAX COLLECTION DEPARTMENT according to a short-term repayment plan, in the absence of the prerequisites for an INSTALLMENT PLAN.

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9. "Non-definitive Debts": tax collection debts, as defined by Article 2 of Law No. 93 of July 30, 2018, modified by Article 23 of Law No. 88 of May 30, 2019, for which judicial appeals are pending;
10. "Favorable Settlement of Overdue Credits in Tax Collection" (so-called "rottamazione"): an institution of a extraordinary and derogatory nature compared to the ordinary tax collection regime, introduced through temporally limited normative revision, which allows the debtor to extinguish debts registered in the tax roll on favorable conditions compared to the ordinary discipline, in compliance with specific methods and terms, the non-observance of which entails loss of the benefit.
2. In the subsequent articles of this Regulation, words referring to these definitions are reported in small capitals.

Title II
Objectives and Structure of the Regulation
Article I.II.1 - Purposes

1. This Regulation governs the criteria and methods for drawing up and publishing the DEBTOR REGISTRY by the TAX COLLECTION DEPARTMENT.
2. These regulatory provisions, consistent with what is provided for in Article 30 of Law No. 96 of June 29, 2005, also have an explanatory and interpretative function regarding the provisions of Article 2 of Law No. 93 of July 30, 2018, as amended by Article 23 of Law No. 88 of May 30, 2019.

Article I.II.3 - Structure

1. The Regulation is divided into 3 Parts, each of which is subdivided into Titles. Each Title is composed of Articles.
2. The article has a numbering formed by three different sub-numerations, separated by a dot: the first indicates the Part, the second the Title, and the third the Article.

PART II
DEBTOR REGISTRY
Title I
Criteria and Methods for Forming the Debtor Registry

Central Bank of the Republic of San Marino
Article II.I.1 – Frequency of Formation and Publication of the Debtor Registry

1. The DEBTOR REGISTRY is formed and published annually by the TAX COLLECTION DEPARTMENT by February of each year, with reference to TAX COLLECTION DEBTS existing as of December 31 of the previous year.
2. The DEBTOR REGISTRY already published may be subject to monthly rectification starting from March 31 of the year of publication for the causes referred to in Part II of Title II, in relation to the results of the previous month.

Article II.I.2 – Subjective and Objective Requirements for Registration in the Debtor Registry

1. All subjects, whether natural or legal persons, holding tax collection notices issued by the TAX COLLECTION DEPARTMENT for the collection of sums registered in the tax roll pursuant to TAX COLLECTION LEGISLATION, which form a TAX COLLECTION DEBT having the following characteristics, are registered in the DEBTOR REGISTRY:
   a) it is formed by tax collection notices with a due date equal to or prior to December 31 of the year preceding the year of publication, which as of January 16 of the year of publication appear unpaid, in whole or in part; b) the amount of the debt of the notices referred to in the previous letter, including interest, penalties, and other charges accrued on the debt up to the due date of the notices themselves, exceeds in total the amount of 50,000.00 euros.
2. The following tax collection notices are excluded from the calculation of the debt referred to in the previous paragraph:
   a) those subject to an INSTALLMENT PLAN in effect as of December 31 of the year preceding the year of publication, duly honored, or subject to an INSTALLMENT PLAN signed by January 15 of the year of publication, with the first installment paid by that date, provided that the application and the related processing by the TAX COLLECTION DEPARTMENT are completed by December 31 of the previous year; b) those subject to a PAYMENT PROMISE that has no due and unpaid installments as of December 31 of the year preceding the year of publication; c) those subject to a FAVORABLE SETTLEMENT duly honored; d) those referring to NON-DEFINITIVE DEBTS because they relate to taxes subject to judicial appeal against the ISSUING AUTHORITY; e) those referring to NON-DEFINITIVE DEBTS because they concern tax rolls or notices subject to judicial appeal against the ISSUING AUTHORITY (tax roll) or the TAX COLLECTION DEPARTMENT (notice).
3. In the case of natural persons holding a sole proprietorship, or in the case of self-employed workers, for the purpose of determining the TAX COLLECTION DEBT, the aggregate of tax collection notices having the characteristics referred to in the previous paragraphs, issued against the DEBTOR, is considered, regardless of whether the same is identified through the ISS code or the Economic Operator Code (COE).
   In the case of natural persons holding a co-owned sole proprietorship, for the purpose of determining the TAX COLLECTION DEBT, the aggregate of tax collection notices having the characteristics referred to in the previous paragraphs, issued against the debtor, is considered, and therefore both the debt referred to their own ISS code and the entire debt related to the co-owned Economic Operator Code (COE).

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4. Even in the case of ongoing insolvency proceedings, the TAX COLLECTION DEBT is calculated according to the methods referred to in point 1 of the previous paragraph of this Article, regardless of any eventual filing by the TAX COLLECTION DEPARTMENT or the ISSUING AUTHORITY.
5. Debts relating to deceased subjects and to companies or entities struck off the register, as appearing in the databases used by the TAX COLLECTION DEPARTMENT, are not subject to publication. Regarding deceased subjects, all debts registered in the tax roll with reference to the ISS and/or COE identifying the deceased subject are excluded.

Article II.I.3 – Methods for Excluding Tax Collection Notices or Taxes Subject to Judicial Appeal

1. The exclusion of tax collection notices or taxes registered in tax collection notices subject to judicial appeal from the calculation of the TAX COLLECTION DEBT occurs upon formal request by the DEBTOR to the TAX COLLECTION DEPARTMENT by December 31 of the year preceding the year of publication of the DEBTOR REGISTRY and after verification of the existence of the appeal.
2. Without prejudice to what is provided in the previous paragraph, the TAX COLLECTION DEPARTMENT reserves the right to exclude ex officio from the calculation of the TAX COLLECTION DEBT the taxes and/or notices subject to judicial appeal in cases where it is aware of their existence based on communications from the ISSUING AUTHORITY or because the appeal is against the TAX COLLECTION DEPARTMENT itself. The foregoing does not generate any right on the part of the DEBTOR regarding the exclusion of taxes or notices from the TAX COLLECTION DEBT, and in any case, the TAX COLLECTION DEPARTMENT, in the absence of communication from the DEBTOR referred to in the previous paragraphs, cannot be held responsible for the non-exclusion of taxes or notices from the TAX COLLECTION DEBT.

Article II.I.4 – Information Comprising the Debtor Registry

1. The DEBTOR REGISTRY contains the following information regarding the DEBTOR and their TAX COLLECTION DEBT:
   a) name, surname, or denomination and identification code (ISS code and/or Economic Operator Code) of the DEBTOR; b) amount of the TAX COLLECTION DEBT; c) evidence of the existence of ongoing insolvency proceedings; d) in the case of legal persons, evidence of ongoing voluntary or official liquidation procedures; e) at the request of the DEBTOR, mention of the full payment of the TAX COLLECTION DEBT or the regularization of existing repayment plans, occurring after January 15 and by February 15 of the year of publication;

Central Bank of the Republic of San Marino f) at the request of the DEBTOR, mention of the formalization of an INSTALLMENT PLAN or PAYMENT PROMISE or FAVORABLE SETTLEMENT, for the entire TAX COLLECTION DEBT, occurring from January 1 to February 15 of the year of publication.
2. The aforementioned information, referred to in letters a), b), c), and d) of the previous paragraph 1, is derived from those contained in the tax roll issued by the ISSUING AUTHORITY, integrated with information acquired by the TAX COLLECTION DEPARTMENT during the collection process, also with the telematic integration with the databases of the Public Administration.
3. Without prejudice to what is provided in the following Title II, as well as in the subsequent Part III, the following will not be taken into consideration for the purpose of determining the TAX COLLECTION DEBT to be entered in the DEBTOR REGISTRY:
a) payments made after January 15 of the year of publication; b) write-off orders issued after January 15 of the year of publication; c) INSTALLMENT PLANS formalized after December 31 of the year preceding the year of publication, save for what indicated in the previous Article II.I.2, paragraph 2, letter a); d) PAYMENT PROMISES or FAVORABLE SETTLEMENTS formalized after December 31 of the year preceding the year of publication; e) communications of pending appeals received after December 31 of the year preceding the year of publication.

Title II
Rectification of Debtor Registry Information
Article II.II.1 – Cancellation for Payment of Amounts Registered or Due to Write-off

1. The DEBTOR may request the TAX COLLECTION DEPARTMENT to cancel their name from the already published DEBTOR REGISTRY, prior to the full payment of the sums composing the TAX COLLECTION DEBT.
2. Partial payments of the TAX COLLECTION DEBT do not give rise to rectifications of the published information, even in the event that the debt falls below the amount referred to in the previous Article II.I.2, paragraph 1, letter b), until the new publication of the DEBTOR REGISTRY.
3. The DEBTOR may request the cancellation of their name from the already published DEBTOR REGISTRY when, following write-offs ordered by the Authority due to error in registration in the tax roll, the updated amount of the TAX COLLECTION DEBT is less than 50,000.00 euros. Even if after the execution of the write-off the amount of the TAX COLLECTION DEBT remains above 50,000.00 euros, the DEBTOR still has the right to request the update of the amount of the TAX COLLECTION DEBT published.

Central Bank of the Republic of San Marino
In cases where the write-off originates from the payment at the Issuing Authority of the sums composing the TAX COLLECTION DEBT, what is provided for in the previous paragraphs 1 and 2 applies.

Article II.II.2 – Cancellation for Signing of Payment Installment Plan, Payment Promise, or Favorable Settlement

1. The DEBTOR may request the TAX COLLECTION DEPARTMENT to cancel their name from the already published DEBTOR REGISTRY, if they sign for the entire TAX COLLECTION DEBT:
   a) an INSTALLMENT PLAN or a PAYMENT PROMISE and no due and unpaid installments appear; b) a FAVORABLE SETTLEMENT duly honored.

Article II.II.3 – Rectification and/or Cancellation of Material Errors

1. The DEBTOR has the right to request at any time from the TAX COLLECTION DEPARTMENT the rectification of the information published in the DEBTOR REGISTRY when they believe these contain material errors.
   After carrying out the necessary checks and confirming the actual error, possibly with confirmation from the ISSUING AUTHORITY, the TAX COLLECTION DEPARTMENT proceeds to the rectification and/or cancellation of the erroneous information.
   If instead the TAX COLLECTION DEPARTMENT ascertains the material error, it proceeds autonomously to the rectification and/or cancellation.
2. Upon request by the taxpayer erroneously entered in the DEBTOR REGISTRY, their name will be entered in a special list and will remain registered there until the publication of the DEBTOR REGISTRY of the following year or for the shorter time requested by them, save for special cases. An analogous procedure will be adopted in the case of an error regarding the TAX COLLECTION DEBT, prior authorization of the DEBTOR being required.

PART III
FINAL PROVISIONS
Title I
Final Provisions
Article III.I.1 - Publication of the Debtor Registry

1. The publication of the DEBTOR REGISTRY takes place on the specific section of the Public Administration Services Portal accessible by registered users on that portal. Interested parties can consult the DEBTOR REGISTRY only after accreditation and request for access to that service. The consultation is solely for viewing purposes and does not grant the right to acquire a copy of the data in any format, nor to make any use other than viewing.
2. Save for the rectifications carried out in accordance with the previous articles of Part II, Title II, the publication occurs annually, and each new publication completely replaces the previous one, without evidence of historical data.

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3. The rectifications carried out pursuant to the previous articles of Part II, Title II, are made on the already published DEBTOR REGISTRY, without historical evidence of the data prior to the modification.
4. The information published in the DEBTOR REGISTRY cannot be understood as substituting for the certifications issued by the TAX COLLECTION DEPARTMENT for the purposes provided by the Law.

Article III.I.2 – Feedback from Issuing Authorities

1. The TAX COLLECTION DEPARTMENT reserves the possibility to precede the publication of the DEBTOR REGISTRY with a verification with the ISSUING AUTHORITIES regarding the regularity of the data subject to publication in order to take into account any payments or write-offs already executed and not yet communicated to the TAX COLLECTION DEPARTMENT, as well as any pending appeals.

Article III.I.4 - Entry into Force of the Regulation

1. The provisions of this Regulation have effect from the date of its publication.