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Built for San Marino NRIsNo India DTAA

Mount Titano is home. Your Indian savings need planning.

India and San Marino have a 2013 information exchange agreement and no tax treaty. Your Indian bank deducts 30% tax deducted at source (TDS) on Non-Resident Ordinary (NRO) interest. San Marino taxes the same interest and credits only final Indian tax. File an Indian return to refund TDS above your slab tax. Form 128 (formerly Form 13) lowers property sale TDS, and Form 145/146 (formerly 15CA/15CB) clears transfers.

No DTAA. But a lot of other work you still need help with.

ITR filing, Form 13 lower-TDS, tax notices, repatriation, Section 91 relief. That's where we help.

about 1 (1 NRI and no PIOs, MEA January 2026)

Indians in San Marino

Trusted by Indians in San Marino · Senior CAs who specialise in NRI tax

Senior CAs handle your whole India tax side, filing, recovery, notices, property, repatriation. No India trip needed.

Not just DTAA

Chartered Accountants for San Marino NRIs. Your whole India tax life

DTAA refund recovery is our flagship, but it's one of many things our ICAI-registered CAs handle for San Marino NRIs, filing, property, tax notices, repatriation and more, all from San Marino with no India trip.

No DTAA, here's what we still do

India and San Marino have no treaty. Your Indian tax life still needs a CA.

India and San Marino have no Double Taxation Avoidance Agreement (DTAA). They have only a 2013 tax information exchange agreement. Your Indian bank therefore deducts default tax deducted at source (TDS) of 30% on Non-Resident Ordinary (NRO) interest and 20% on dividends. San Marino taxes residents on worldwide income, including Non-Resident External (NRE) interest that is exempt in India. Under Article 18 of its law, San Marino credits only final, non-refundable Indian tax. File an Indian income tax return (ITR) to refund any TDS above your slab tax.

Form 13 lower-TDS

Apply for a lower (or nil) TDS certificate before your bank/buyer deducts. The cleanest way to avoid the 30% hit at source.

Section 91 unilateral relief

If you've already paid Nigerian tax on the same income, claim foreign tax credit in your Indian ITR under Section 91, the only relief route when there's no treaty.

15CA / 15CB repatriation

Move funds out of your NRO account to your overseas account, properly documented and CA-certified. Required by every Indian bank.

ITR filing for NRIs

Annual return, past-year condonation, Form 67 for foreign tax credits, capital gains, property sale TDS reconciliation, the bread-and-butter NRI work.

Tax notice response

Section 148 reassessments, Section 143(1) intimations, AIS mismatches, demand notices. We respond with the right legal grounds before deadlines slip.

No treaty rate to chase. But there's real money in doing the rest right.

San Marino NRIs we work with usually save more from a clean Form 13 + ITR than a treaty rate would have given them anyway. A CA who knows San Marino makes the difference.

Talk to a San Marino-specialist CA

What we still do

No treaty, no treaty rate. But plenty of real work.

Hypothetical example: Arjun, 44, is an Indian citizen and mechanical engineer who moved from Bologna to a manufacturing firm in Serravalle, San Marino, where he has been resident for four years. In India, he holds ₹10L in Non-Resident Ordinary (NRO) fixed deposits and ₹2L in NRO savings, and he redeems ₹1L each year from a ₹6L Indian equity mutual fund. Because there is no treaty, his bank cuts 30% tax deducted at source (TDS) on his interest. Arjun files an Indian income tax return (ITR) to claim back the TDS above his slab tax, and then claims only his final Indian tax as a credit in San Marino.

Clean ITR filing

Full schedules (FA, AL, NRI disclosures). Section 91 foreign tax credit claim for any San Marinotax you've paid on the same income. Done right, the first time.

Form 13 / Section 197

Selling property in India? A lower-TDS certificate drops your TDS from 12.5% of the full sale price down to the actual gain. On a ₹1 crore sale, that's often ₹15-20 lakh of cash-flow.

Tax notices, end-to-end

148, 143(1), 143(2), 245, 139(9). We draft the reply, file on the portal, attend the hearing, follow up to closure. Under Section 288 authorized representation.

Repatriation (15CA/15CB)

Moving money from India back to San Marino. CA-signed 15CB, Part C filings, bank coordination. Nothing stuck, nothing rejected.

This is what a typical San Marino NRI with Indian professionals: ₹10-30L in NRO and NRE fixed deposits, ₹5-15L in Indian mutual funds, sometimes a family flat in India. Families who moved from Italy: smaller NRO balances and inherited property or land. actually needs, treaty or no treaty.

Your side of the process

How to get your Tax Residency Certificate

You're an Indian in San Marino. India needs proof. Here's the workflow from San Marino, documents, portal, timeline, the lot.

Who issues it

UO Ufficio Tributario (San Marino Tax Office)

What it costs

Not needed for Indian TDS

Timeline

Not applicable

Form 10F / Form 41

Not required

Step-by-step for Indians in San Marino

Not needed. A tax residency certificate (TRC) and Form 41 (formerly Form 10F) exist only to claim treaty rates, and India and San Marino have no tax treaty, so your Indian bank will not ask for them. If you need proof of residence for another purpose, email the Ufficio Tributario (Tax Office) at info.tributario@pa.sm for a tax residence certificate (certificato di residenza fiscale). It is issued within 5 working days, and you collect it with a 15 euro revenue stamp (marca da bollo). Your San Marino tax number is the Social Security Number (codice ISS) issued by the Istituto per la Sicurezza Sociale.

Don't want to deal with UO Ufficio Tributario (San Marino Tax Office) yourself? Our CAs handle TRC guidance for San Marino NRIs every day.

Want a CA who handles San Marino-India tax every week?

Free 15-minute call. We tell you what you can recover and what it takes.

Senior CA who specialises in NRI tax · we deal with the tax officer, you don't

Things San Marino NRIs should know

Pitfalls we've seen Indians in San Marino face

We work with the Indian community in San Marino every day. These are the traps that cost real money.

Plan for 30% tax deducted at source (TDS) on Non-Resident Ordinary (NRO) interest and 20% on dividends. The Income Tax Department lists only a San Marino tax information exchange agreement, which caps no rates. A tax residency certificate (TRC) or Form 41 (formerly Form 10F) gives no relief.

Track your San Marino residence status. One test suffices (Law 166/2013, Article 10(2)): registered residence (residenza anagrafica) for most of the tax year, living there for most of the year, or your centre of vital interests in San Marino. Residents are taxed on income wherever it arises (Article 1).

File an Indian income tax return (ITR) first to credit the final Indian tax. Article 18 credits only final, non-refundable foreign tax, worked out country by country and capped at San Marino tax on that income. Excess tax deducted at source (TDS) refundable via ITR is not creditable.

Declare your Indian income to keep the tax credit. Article 18(6) denies the credit if foreign income is not declared, or the return is missing or void. The Indian tax must be finally paid by 31 December of the year you file the San Marino return (Article 18(5)).

Compare the flat-rate options. Residents may elect 3% on foreign dividends, 10% on foreign bond interest, and 13% on foreign current account interest (10% and 13% from 2026, up from 8% and 11%), each net of Indian tax. India-exempt Non-Resident External (NRE) interest is still San Marino income.

Get Form 128 (formerly Form 13) under Section 395 (formerly Section 197) before selling property. San Marino taxes shares, financial instruments and property held five years or less (main home, inherited property exempt) at 10% from 2026 (8% before), or in progressive income with Article 18 credit (Article 13(5)).

File Form 145 (formerly Form 15CA) and a chartered accountant's Form 146 (formerly Form 15CB) above ₹5 lakh for taxable transfers. Up to USD 1 million a financial year leaves Non-Resident Ordinary (NRO) balances, property sale proceeds, or inheritances. The 2013 agreement lets India request San Marino bank information.

Use an apostille on San Marino documents for India and expect separate pensions. San Marino (since 1995) and India (since 2005) are in the Hague Apostille Convention. With no social security agreement, contributions to San Marino's Istituto per la Sicurezza Sociale and the Indian Employees' Provident Fund stay separate.

Questions from San Marino NRIs

Everything Indians in San Marino ask us

6+ answers. Hover on for plain-English explanations.

No. India and San Marino do not have a comprehensive Double Taxation Avoidance Agreement. Some sites quote a "San Marino rate" (often a fictional 7.5%), that document does not exist. Without a DTAA, India deducts at the full domestic rate (30% on interest, 20% on dividends, 12.5% on long-term capital gains) and you cannot claim a treaty-cap reduction.

The exceptions that change the answer

Where the general rule stops applying to you

Every rule below has a carve-out, a cut-off date or a condition that flips the answer. These are the ones that decide real cases.

NRO account: what it costs and what it caps

Right now: Interest taxed at 30% plus surcharge and cess; repatriation capped at USD 1 million a financial year

Where it works differently

A TRC and Form 10F (Form 41 from 1 Apr 2026) are furnished
The treaty rate applies to the interest, commonly 10-15% under Article 11 instead of 30% plus surcharge.
s.90(2). This is the single largest recurring recovery item for most NRIs.
Remitting out
Form 15CA is needed, plus Form 15CB from a CA where the remittance is chargeable and above Rs 5 lakh in the year.
Rule 37BB.
Joint holders
The USD 1 million ceiling is per person per financial year, so joint holders each have their own.
FEMA 13(R).

Commonly got wrong

  • NRO interest is taxed at 30%. Incomplete. Surcharge and 4% cess sit on top, and a treaty can cut it to 10-15%.30% plus surcharge and cess by default, but 10-15% under most treaties if you hold a TRC and file Form 10F.

TDS on NRO account interest

Right now: 30% plus surcharge and cess

Where it works differently

A valid TRC and Form 10F (Form 41 from 1 Apr 2026) are furnished
The treaty rate applies, commonly 10-15% under Article 11.
s.90(2) gives the more beneficial of treaty or Act.
No PAN is furnished
s.206AA imposes at least 20%, but Rule 37BC allows escape by furnishing name, address, TIN and TRC. Courts have also held s.206AA cannot override a treaty rate.
Rule 37BC + settled case law.
Claiming the treaty rate at source
The s.115A(5) filing exemption is lost, so an Indian return becomes necessary.
That exemption requires TDS at not less than the s.115A rate.
The account is NRE instead
NRE interest is exempt only while the individual meets the FEMA residence-outside-India condition or is permitted by RBI to maintain the account, and the account is maintained in accordance with the applicable FEMA rules. Income-tax non-resident or RNOR status alone does not establish this exemption.
Income-tax Act 2025 Schedule IV, entry 1 (retaining the earlier s.10(4)(ii) conditions): https://www.incometaxindia.gov.in/w/schedule-iv-4
The deposit is FCNR instead
The exemption covers interest from a qualifying foreign-currency deposit with a scheduled bank whose acceptance of the deposit is approved by RBI, paid to a non-resident or a resident but not ordinarily resident (RNOR) under income-tax law. Check the deposit and residence conditions; FEMA non-residence alone does not establish the FCNR exemption.
Income-tax Act 2025 Schedule IV, entry 14 preserves s.10(15)(iv)(fa) subject to its conditions: https://www.incometaxindia.gov.in/w/schedule-iv-4 ; underlying conditions: https://www.incometaxindia.gov.in/w/section-10-62

Commonly got wrong

  • NRO interest TDS is 30%. Incomplete. Surcharge and 4% cess sit on top, so the effective rate is higher.30% plus surcharge and cess, around 31.2% at the base level.
  • You can file Form 15G/15H to stop NRO TDS. Those are resident-only declarations. An NRI filing one makes a false declaration.Use Form 13 (Form 128 from 1 April 2026), or claim the treaty rate with a TRC.

Form 15CB requirement threshold

Right now: Rs 5,00,000 in the financial year, where the remittance is chargeable to tax

Where it works differently

The remittance is not chargeable to tax
Part D of Form 15CA only. No 15CB.
Rule 37BB structure.
The remittance falls in the specified exempt list
No Form 15CA at all.
Rule 37BB(3) specified list.

Commonly got wrong

  • Every outward remittance needs Form 15CB. Only where chargeable to tax and above Rs 5 lakh in the year.Form 15CB is needed only where the remittance is chargeable to tax AND exceeds Rs 5 lakh in the financial year. Otherwise Part D of Form 15CA is enough.

Treaty rate on Indian dividends

Right now: Domestic rate 20% plus surcharge and cess; most treaties cap it at 10-15% under Article 10

Where it works differently

A TRC and Form 10F are furnished to the registrar or company
The treaty rate applies at source. Without them the full 20% plus surcharge and cess is deducted and you recover it by filing.
s.90(4) and (5).
The exact rate matters
It is per treaty, not a single number. Check the country entry. Some treaties are 10%, some 15%, and Italy's dividend article can be WORSE than the domestic rate.
Never quote one figure across countries.
Claiming the treaty rate
The s.115A(5) filing exemption is lost, so an Indian return becomes necessary.
That relief needs TDS at not less than the s.115A rate.

Commonly got wrong

  • The DTAA rate on dividends is 10%. It varies by treaty. Quoting one number across countries is wrong, and at least one treaty is worse than domestic law.Check your country's Article 10 rate, commonly 10% or 15%, against 20% plus surcharge and cess under domestic law.

No treaty. No shortcut.
Plenty we can still do.

ITR filing. Form 13 lower-TDS on property sales. Tax notices, repatriation, Section 91 unilateral relief. Your Indian tax life still needs a CA who knows San Marino.

More for Indians in San Marino

Friends & neighbours

NRIs in nearby countries with similar DTAA benefits. Know someone? Share this.