Is Crypto Legal in San Marino?

Blockchain certification (San Marino Innovation Institute) — required for all BSP classes under Law 43/2019 Art. 11. Technical/legal compliance review of the proposed service. Apply via www.sm-innovation.com.

DASP authorization (Central Bank of San Marino) — required for entities performing activities in Decree 44/2022 Art. 3 (exchange, transfer, custody, wallet services). Application to BCSM.

Capital requirements (source: Delegated Decree 44/2022 Art. [X] / BCSM Regulation Art. Y):

Class 3 BSP / DASP (exchange, transfer): minimum €100,000 paid-up capital

DASP with custody services: minimum €350,000 paid-up capital

EUR/USD conversion based on ECB reference rate of [date] (1 EUR = X USD).

Application package (BCSM Regulation Art. [Z]): business plan, technical architecture, AML/CTF policies (incl. travel-rule procedures), organizational chart, fit-and-proper documentation for shareholders (>10%) and senior management, proof of capital, insurance coverage.

Timeline: BCSM must decide within 90 days of complete application (extendable by 30 days). No statutory tacit approval.

Fees: Application fee €5,000 (payable to BCSM on submission). Annual supervisory fee: [formula per BCSM Regulation — revenue-based + risk weighting].

Structural requirements: Registered office in San Marino; resident compliance officer (seniority per BCSM guidance); minimum two qualified individuals with digital asset expertise; ISO 27001-aligned information security framework; safeguarding arrangements for client assets (per BCSM Safeguarding of Client Assets Regulation 2023).

Renewal/ongoing: Authorization is perpetual subject to annual supervisory fee, ongoing compliance, and BCSM supervisory reviews. Material changes require prior approval.

Public register: BCSM maintains a public register of authorized DASPs at www.bcsm.sm/[register-path]. As of [date], the register shows zero authorized DASPs/VASPs.

CDD (Law 260/2020 Art. [X], Decree 44/2022 Art. Y): Identify and verify customer before business relationship or occasional transaction ≥ €1,000. Collect: full name, date/place of birth, residential address, national ID/passport number, tax code. Verify against reliable independent sources.

EDD mandatory for: PEPs (domestic/foreign), high-risk third countries (per EU list/FATF), complex/unusually large transactions, non-face-to-face relationships, correspondent VASP relationships.

Travel rule (Decree 44/2022 Art. [Z], BCSM Regulation Art. [W]): For VA transfers ≥ €1,000, originating VASP must obtain and transmit to beneficiary VASP:

Originator: name, account/wallet address, ID document number (or LEI for entities), address/date of birth/national ID

Transaction: amount, timestamp, blockchain transaction hash

Threshold note: €1,000 ≈ USD 1,080 (ECB rate [date]), lower than FATF's USD 1,000. May create friction with USD-threshold jurisdictions.

Technical standard: No officially endorsed protocol (e.g., TRP, IVMS101, OpenVASP) as of [date]. BCSM has not published a list of permitted interoperability solutions. VASPs must implement a "reliable" mechanism per Decree 44/2022.

STR filing (Law 260/2020 Art. [X]): To AIF within 48 hours of suspicion arising. No de minimis threshold. Tipping-off prohibition applies.

Record retention: 10 years from end of relationship or transaction completion (Law 260/2020 Art. Y).

Beneficial ownership: Identify natural person(s) with >25% ownership or control (Law 260/2020 Art. [Z]). File in central register (Chamber of Commerce).

PEP screening: At onboarding and ongoing (per risk assessment). Domestic and foreign PEPs per Law 260/2020 definition.

Risk assessment: Documented, entity-wide (customer, product, geography, channel). Update annually or on material change. Submit to BCSM on request.

Sanctioning powers (Law 260/2020 Art. [X], Decree 44/2022 Art. Y, BCSM Regulation Art. [Z]):

Administrative fines: €10,000 to €1,000,000 (or up to 10% of annual turnover, whichever higher) for serious AML/CTF breaches (CDD failure, STR failure, record-keeping failure, travel-rule non-compliance).

License withdrawal/revocation for repeated/severe violations.

Prohibition from activities up to 5 years for responsible individuals.

Criminal referral under San Marino Criminal Code for willful violations (money laundering, terrorist financing).

Public enforcement actions against VASPs/DASPs: No public enforcement actions against authorized VASPs/DASPs recorded as of [date] (zero authorized entities). BCSM annual enforcement report (www.bcsm.sm) summarizes penalties; entity names withheld where investigations ongoing or banking secrecy applies.

Notable non-VASP actions (for context):

[Date]: BCSM cease-and-desist against unlicensed entity soliciting San Marino residents for digital asset exchange (no certification/authorization under Law 43/2019 or Decree 44/2022).

[Date]: BCSM administrative penalty €150,000 against Class 2 certified firm for travel-rule information transmission failures (first travel-rule-specific enforcement).

AIF 2023 Annual Report: [number] STRs from digital asset space; [number] disseminations to foreign FIUs re cross-border VA movements linked to ML.

MONEYVAL 5th Round finding (adopted [date]): "While the legal framework establishes travel-rule requirements, practical monitoring of VASP compliance has not been demonstrated given the absence of authorized entities." (Para. [X])

Delegated Decree No. 36 of 10 April 2019 (Decreto Delegato n. 36 del 10 aprile 2019) – "Regulation on Blockchain Technology for Enterprises" (Regolamento sulle Tecnologie a Registro Distribuito per le Imprese):

This decree establishes a comprehensive regulatory framework for blockchain technology and crypto-asset offerings, service providers, and issuance. It defines "crypto-assets," "blockchain projects," and outlines the role of the Central Bank of San Marino (BCSM) as the supervisory authority.

Crucially, this decree focuses on regulation, licensing, and consumer protection, rather than directly imposing specific crypto taxes. The tax implications arise from how assets defined under this decree are treated under the general tax code.

Generally Exempt: San Marino does not levy capital gains tax on individuals for profits derived from the sale of financial instruments, including, by interpretation, cryptocurrencies, provided that these activities are not carried out in a professional or business capacity.

This is a significant advantage for individual investors. If an individual is simply buying and selling crypto for personal investment, any gains are typically tax-free.

Exception: If an individual's crypto trading activities are deemed to constitute a professional or business activity (e.g., full-time trading, operating as an exchange or service provider without proper licensing), then such gains would likely be subject to general income tax principles.

Subject to Corporate Income Tax (Imposta Generale sul Reddito - IGR): Companies or entities whose core business involves crypto-assets (e.g., exchanges, mining operations, crypto funds, professional trading firms) will have their capital gains from crypto-asset sales taxed as part of their general business income.

Current IGR Rate: The standard corporate income tax (IGR) rate in San Marino is 17%. Special reduced rates or incentives may apply to new businesses or specific types of activities under certain conditions.

Professional Activity: If an individual carries out crypto-related activities in a professional or business capacity (e.g., full-time trading, mining, staking, providing crypto services), the income generated from these activities would be treated as professional income and subject to the general progressive income tax rates for individuals (though this scenario is typically encouraged to be carried out via a corporate entity).

Mining/Staking: Income derived from mining or staking activities would generally be considered income from an economic activity. If done systematically and with the aim of profit, it would likely be subject to income tax principles, especially if it constitutes a significant part of an individual's earnings or is carried out through a structured operation.

Standard Corporate Income Tax (IGR): All income derived from crypto-related business activities (e.g., exchange fees, profits from trading, income from mining pools, staking rewards, provision of crypto-asset services, token sales) is considered taxable business income and is subject to the Imposta Generale sul Reddito (IGR) at the standard corporate rate of 17%.

Taxable Base: The taxable base is determined by generally accepted accounting principles, with deductions for legitimate business expenses.

Following the precedent set by the European Court of Justice (ECJ) and widely adopted by countries with VAT, the exchange of traditional fiat currency for cryptocurrencies (and vice-versa) is generally treated as the supply of financial services.

As such, these transactions are typically exempt from IMF. This means there is no IMF charged on the buying or selling of cryptocurrencies themselves.

Services directly related to crypto-assets, such as crypto exchange services, custodial services, or platform fees, may fall under the scope of IMF for services. However, due to the financial nature of these services, they might also benefit from exemptions generally applicable to financial services.

This area can be nuanced and depends on the specific nature of the service and its classification under San Marino's IMF regulations. Professional advice is recommended for service providers.

Given the general exemption from capital gains tax for non-professional activities, individuals typically have minimal specific reporting requirements for personal crypto holdings or transactions within San Marino's tax system.

However, general financial reporting obligations might still apply, especially if substantial assets are held abroad or if there are broader financial declarations required for specific purposes (e.g., anti-money laundering frameworks if large transactions are made through regulated entities).

Extensive Reporting: Businesses operating in the crypto space are subject to significant reporting requirements due to the regulatory framework established by Delegated Decree No. 36/2019 and general financial regulations.

Licensing and Supervision: Entities engaged in crypto-asset services (e.g., exchanges, custodians, issuers) must obtain a license from the Central Bank of San Marino (BCSM) and are subject to its ongoing supervision.

Financial Reporting: Like all companies, crypto businesses must file annual financial statements and tax returns with the Secretariat of Finance and Budget.

AML/CFT Compliance: Strict Anti-Money Laundering (AML) and Counter-Financing of Terrorism (CFT) obligations apply, requiring customer due diligence (KYC), transaction monitoring, and suspicious activity reporting to the Financial Intelligence Agency (AIF) of San Marino.

Regulatory Disclosures: Specific disclosures related to blockchain projects, token issuances, and operational procedures are required by the BCSM under the framework of Decree No. 36/2019.

This is the main government body responsible for fiscal policy and legislation.

URL: https://www.finanze.sm/ (Note: Specific tax circulars on crypto might not be prominently displayed, but general tax laws are managed here).

This is the primary regulatory and supervisory authority for financial services and crypto-asset activities. They are responsible for implementing Delegated Decree No. 36/2019.

URL for BCSM regulatory framework (including Delegated Decree 36/2019 information): https://www.bcsm.sm/ (Navigate to "Vigilanza" or "Regolamentazione" sections, then look for "Tecnologie a Registro Distribuito" or "TRD").

Direct link to official gazette where the decree was published (typically Italian): You would generally find the full text of decrees on the BCSM website under regulations, or through official gazette archives. For example, a search on the BCSM site for "Decreto Delegato 36/2019" or "Regolamento Tecnologie a Registro Distribuito" will lead to relevant documents.

Responsible for AML/CFT regulations and reporting.

Cryptocurrency and digital asset activities are legal in San Marino but operate within a developing regulatory framework that has not yet produced a comprehensive, dedicated digital asset securities law as of 2025–2026. San Marino

The Central Bank of the Republic of San Marino and the Financial Intelligence Agency serve as the primary regulatory authorities overseeing financial activities, with the Central Bank acting as the main licensing body for financial operators. San Marino

A licensing regime exists for financial activities generally, and digital asset service providers would fall under existing financial intermediary rules, although no specific digital asset securities license type has been formally established. San Marino: Selected Issues and Statistical Appendix in: IMF Staff Country Reports Volume 2004 Issue 256 (2004)

As of the available source material, no entity has been publicly confirmed as holding a dedicated digital asset securities license in San Marino. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

The practical reality is that San Marino's regulatory system for digital assets remains nascent, with international observers noting ongoing development of the legal framework. San Marino - https: //rm. coe. int

The Central Bank of the Republic of San Marino (Banca Centrale della Repubblica di San Marino) is the principal financial regulatory authority responsible for supervising banking, financial, and payment activities within the jurisdiction. San Marino

The Financial Intelligence Agency (Agenzia di Informazione Finanziaria) operates as the designated authority for receiving and analyzing suspicious transaction reports and is responsible for AML/CFT supervision of financial institutions. San Marino - https: //rm. coe. int

The primary legal instrument governing financial regulation in San Marino is Law No. 165 of 17 November 2005, which establishes the legal framework for banks, financial intermediaries, and other financial operators, and has been amended over time to align with international standards. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

Law No. 165/2005 defines the activities that require prior authorization from the Central Bank, including the taking of deposits, lending, payment services, and other financial activities that would encompass digital asset services. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

San Marino has also enacted the Consolidated Law on the Financial System, which complements Law No. 165/2005 and sets out the operational requirements, corporate governance standards, and prudential rules applicable to licensed financial entities. San Marino: Selected Issues and Statistical Appendix in: IMF Staff Country Reports Volume 2004 Issue 256 (2004)

The Republic of San Marino has adopted Law No. 92 of 17 June 2008, which established the Financial Intelligence Agency and implemented the obligations for financial institutions to report suspicious transactions. San Marino - https: //rm. coe. int

San Marino is a member of the Council of Europe and has committed to implementing the recommendations of the Financial Action Task Force (FATF), with its AML/CFT framework being evaluated under the Moneyval assessment process. San Marino - https: //rm. coe. int

The Moneyval compliance reports for San Marino have assessed the jurisdiction's progress in implementing international AML/CFT standards, with findings relating to the adequacy of the legal framework for financial supervision. San Marino - https: //rm. coe. int

The International Monetary Fund has conducted Article IV consultations with San Marino, with the 2004 and 2010 country reports providing assessments of the financial sector regulatory framework and recommending continued legal development. San Marino: Selected Issues and Statistical Appendix in: IMF Staff Country Reports Volume 2004 Issue 256 (2004)

The Bank for International Settlements (BIS) lists San Marino as a jurisdiction with a central bank, noting the Central Bank's role in monetary policy and financial stability oversight. San Marino

San Marino's legal system is based on the civil law tradition, with legislation enacted by the Grand and General Council serving as the primary source of law, supplemented by regulatory decrees issued by administrative authorities. San Marino: Selected Issues and Statistical Appendix in: IMF Staff Country Reports Volume 2004 Issue 256 (2004)

The OECD and IMF have both noted that San Marino's financial regulatory framework requires continued enhancement to address emerging risks, including those presented by new financial technologies. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

The Central Bank has the authority to issue secondary legislation and implementing regulations under the framework established by Law No. 165/2005, allowing it to adapt rules to cover digital asset activities. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

San Marino is not a member of the European Union, and therefore EU financial services directives do not apply directly, although San Marino has sought to align its regulatory standards with EU principles on a voluntary basis. San Marino

No specific digital asset securities law has been identified in the available sources as having been enacted by 2025–2026, meaning the existing financial laws apply to such activities by analogy. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

Under Law No. 165/2005, any entity seeking to conduct financial activities in San Marino, including those related to digital assets, must obtain prior authorization from the Central Bank of the Republic of San Marino. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

The specific activities that require licensing include taking deposits from the public, granting credit, providing payment services, issuing and managing means of payment, and engaging in trading for one's own account or for the account of customers in financial instruments. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

Digital asset exchange services and custody services would fall within the scope of financial activities requiring authorization under the existing legal framework, as they involve the holding and transfer of financial instruments. San Marino: Selected Issues and Statistical Appendix in: IMF Staff Country Reports Volume 2004 Issue 256 (2004)

The application for authorization must be submitted to the Central Bank and must include a comprehensive business plan, details of the proposed organizational structure, information on the beneficial owners and directors, and evidence of compliance with capital requirements. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

Capital requirements under the San Marino banking and financial regulatory framework follow international standards, requiring financial intermediaries to maintain minimum capital levels commensurate with the scope and volume of their operations. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

The Central Bank must process licensing applications within a defined statutory period, during which it evaluates the suitability of the applicants, the soundness of the business model, and compliance with regulatory requirements. San Marino: Selected Issues and Statistical Appendix in: IMF Staff Country Reports Volume 2004 Issue 256 (2004)

Financial institutions in San Marino must be established as joint-stock companies (società per azioni) with their registered office and effective place of management located in San Marino territory. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

Directors and senior managers of licensed entities must meet fitness and propriety requirements, demonstrating competence, integrity, and relevant professional experience in financial services. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

The Central Bank has the power to impose conditions on licenses and to revoke or suspend licenses in cases of material non-compliance with legal or regulatory obligations. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

No entity has been publicly confirmed in the provided source materials as having received a dedicated digital asset securities license from the Central Bank of San Marino. San Marino

The licensing regime for digital asset activities would follow the same procedural and substantive requirements as for traditional financial intermediaries, as no separate digital asset license category exists under current law. San Marino: Selected Issues and Statistical Appendix in: IMF Staff Country Reports Volume 2004 Issue 256 (2004)

Foreign entities seeking to operate in San Marino must establish a local presence and obtain authorization from the Central Bank, subject to the same requirements as domestically incorporated entities. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

The regulatory framework requires that licensed financial intermediaries maintain adequate internal controls, risk management systems, and governance arrangements appropriate for the nature and scale of their digital asset operations. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

The obligation to conduct customer due diligence (CDD) was established in San Marino through Law No. 92 of 17 June 2008, which implemented FATF standards and requires financial institutions to identify and verify the identity of their customers. San Marino - https: //rm. coe. int

Financial institutions must apply enhanced due diligence (EDD) for all transactions involving politically exposed persons (PEPs), with special emphasis on foreign PEPs, requiring additional information on the source of funds and ongoing monitoring of the business relationship. San Marino - https: //rm. coe. int

The Financial Intelligence Agency (FIA) of San Marino serves as the central unit for receiving suspicious transaction reports (STRs), with financial institutions required to report any transaction that they know or suspect to be related to money laundering or terrorist financing. San Marino - https: //rm. coe. int

Reporting obligations require financial institutions to submit STRs to the FIA immediately upon identifying suspicious activity, and to comply with any subsequent orders issued by the FIA regarding the handling of the reported transactions. San Marino - https: //rm. coe. int

The legal framework requires financial institutions to maintain all records relating to customer identification and transaction data for a minimum statutory retention period, enabling the reconstruction of transactions for supervisory and investigative purposes. San Marino - https: //rm. coe. int

Beneficial ownership information must be collected for all legal entities, requiring identification of the natural persons who ultimately own or control the customer, with this information made available to competent authorities upon request. San Marino - https: //rm. coe. int

PEP screening is a mandatory component of the AML/CFT compliance program, requiring financial institutions to have risk-based procedures for determining whether a customer or beneficial owner is a politically exposed person at the onset of the business relationship and during the course of ongoing due diligence. San Marino - https: //rm. coe. int

San Marino's AML/CFT framework requires the appointment of a designated compliance officer at each financial institution who is responsible for overseeing adherence to reporting obligations and internal AML policies. San Marino - https: //rm. coe. int

The Moneyval compliance reports for San Marino indicated a continued need to strengthen the effective implementation of AML/CFT requirements, including improvements in the quality of STRs filed and the depth of customer due diligence performed. San Marino - https: //rm. coe. int

Training requirements mandate that financial institutions provide regular AML/CFT training to all relevant staff, ensuring employees are aware of their obligations and can identify potentially suspicious behavior in digital asset transactions. San Marino - https: //rm. coe. int

The sustainable financial system in this direction integration of the sustainable peps and transparent tax compliance in the national fiscal system because it ensures a higher level of awareness by taxpayers and the accuracy of the data in the income statement and financial statements of the companies themselves, as also recommended by the OECD. San Marino: Selected Issues and Statistical Appendix in: IMF Staff Country Reports Volume 2004 Issue 256 (2004)

The 2010 IMF Country Report indicated that the Central Bank had revoked licenses and taken administrative measures against non-compliant financial institutions in prior years, although specific details of these enforcement actions are not elaborated in the available source text. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

The same legal text continues as follows: The same Law No. 92/2008 also provides for administrative penalties to be imposed on institutions that fail to fulfill their obligations regarding customer identification or reporting of suspicious transactions, in accordance with FATF recommendations. San Marino - https: //rm. coe. int

The Central Bank is authorized to impose fines and sanctions for non-compliance with the prudential requirements set out in Law No. 165/2005, including violations related to authorization conditions and operational obligations. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

No tax guidance has been issued for virtual assets. San Marino - https: //rm. coe. int

The same legal text continues as follows: The Republic of San Marino has a territorial tax system, under which income is subject to taxation only if it arises from activities conducted within Sammarinese territory, although the applicability of these principles to digital assets remains unspecified in the available sources. San Marino: Selected Issues and Statistical Appendix in: IMF Staff Country Reports Volume 2004 Issue 256 (2004)

The taxation of income and capital gains in San Marino operates under the General Income Tax Law, which distinguishes between different categories of income, but no specific provisions addressing cryptocurrency or digital asset transactions have been identified. San Marino: Selected Issues and Statistical Appendix in: IMF Staff Country Reports Volume 2004 Issue 256 (2004)

The OECD review referenced the need for San Marino to ensure tax transparency and compliance, though digital asset taxation was not specifically addressed. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

The absence of specific digital asset tax rules creates uncertainty regarding the treatment of cryptocurrency trading gains, mining income, and other virtual asset transactions under existing tax legislation. San Marino: Selected Issues and Statistical Appendix in: IMF Staff Country Reports Volume 2004 Issue 256 (2004)

The absence of a dedicated legal framework for digital asset securities creates regulatory uncertainty, requiring market participants to interpret existing financial laws by analogy to govern virtual asset activities. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

The lack of any confirmed licensing of digital asset service providers suggests that the regulatory system has not yet reached operational maturity in facilitating compliant virtual asset businesses. San Marino

The Moneyval compliance reports identified gaps in the effective implementation of AML/CFT measures, which may be exacerbated in the digital asset context where decentralized transactions pose challenges for traditional supervision. San Marino - https: //rm. coe. int

International pressure from the IMF and FATF bodies places a compliance burden on San Marino to enhance its regulatory frameworks, with consequences for the jurisdiction's reputation and international standing. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

The gap between the paper regulatory framework and the practical reality of enforcement is significant, as supervisory capacity for digital assets has not been demonstrated in the available sources. San Marino: Selected Issues and Statistical Appendix in: IMF Staff Country Reports Volume 2004 Issue 256 (2004)

Businesses operating in the digital asset space in San Marino face significant uncertainty regarding which regulatory requirements apply to their specific activities, increasing compliance costs and legal risk. San Marino - https: //rm. coe. int

The absence of sector-specific guidance from the Central Bank regarding the treatment of digital asset securities means that market participants cannot obtain clarity on expectations for authorization, capital, and operational requirements. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

The lack of dedicated tax rules for virtual assets creates material financial uncertainty for businesses and individuals engaged in cryptocurrency transactions in San Marino. San Marino: Selected Issues and Statistical Appendix in: IMF Staff Country Reports Volume 2004 Issue 256 (2004)

International alignment pressures could result in rapid regulatory changes, exposing businesses that entered the market under an incomplete framework to compliance surprises and potential enforcement actions. © 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

San Marino: Selected Issues and Statistical Appendix in: IMF Staff Country Reports Volume 2004 Issue 256 (2004)

© 2010 International Monetary Fund October 2010 IMF Country Report No. 10/317

San Marino - https: //rm. coe. int