Professional Sports Clubs

Professional Sports Clubs:

a) participate in Sports Competitions of any type;

b) may enter into Professional and/or Amateur Sports Performance Contracts;

c) must be established in the form of joint stock companies or limited liability companies, in accordance with Law 23 February 2006, n.47, and subsequent amendments;

d) must be registered in the Register of Associations, Companies and Sports Enterprises;

e) constitute or manage an Esports Team.

In carrying out their activities, they are required to apply the principle of Esports and economic solidarity in favor of amateur Esports with particular attention to youth sectors.

The following regime applies to professional Esports Companies, in derogation of Law 23 February 2006 n.47 and subsequent changes:

a) the amount of the share capital must not be less than Euro 2,500.00 (two thousand five hundred/00);

b) contributions of the share capital must be made in cash, up to the minimum amount provided for by the Code, and must be paid into a credit institution of the Republic of San Marino within sixty days of acquiring the status of Sports Enterprise;

c) company shares may be differentiated by categories previously identified in the articles of association and the bylaws. If different categories of shares are created, the company can freely determine their content, but all shares belonging to the same category must confer equal rights.

The attribution of the Status of Sports Company determines:

a) exemption from paying the operating license tax;

b) payment of the registration tax on all corporate documents in the fixed amount of Euro 70.00 (seventy/00).

For anything not expressly provided for by the Code, the provisions of the Code apply to professional Sports Companies. pursuant to Law 23 February 2006 n.47 and subsequent amendments.

Register of Associations, Companies and Sports Enterprises

The Register of Associations, Companies and Sports Enterprises is established at the Esports Commission.

Registration in the Register of Associations, Companies and Sports Enterprises is mandatory to access the provisions of the Code as an Esports Operator pursuant to the Code itself.

Registration is annual and occurs by sending to the Esport Commission a Communication drafted and sent following the procedure established by the Esport Commission with its own resolution.

Exemption for resident amateur players

The compensation up to €5,000.00 (five thousand/00) per year paid by Team Esport to resident amateur players, temporarily or permanently, pursuant to the provisions of the Code or Laws 28 June 2010 n.110, 27 June 2013 n.71, 7 August 2017 n.94, 29 September 2017 n.115, 23 December 2020 n.223 and subsequent amendments or by Delegated Decree 13 January 2019 n.101 and subsequent amendments, are exempt from the tax referred to in Law 16 December 2013 n.166 and subsequent amendments.

This benefit also extends to compensation of up to €5,000.00 (five thousand/00) per year paid by Team Esport to resident Coaches and Technicians, temporarily or permanently, pursuant to the provisions of the law or Laws 28 June 2010 n.110, 27 June 2013 n.71, 7 August 2017 n.94, 29 September 2017 n.115, 23 December 2020 n.223 and subsequent amendments or by Delegated Decree 13 January 2019 n.101 and subsequent changes.

Compensation exceeding €5,000.00 (cinfive thousand/00) and up to euro 12,000.00 (twelve thousand/00) per year, paid by Team Esport to Amateur Players, Coaches and Technicians, are subject to a rate equal to 1.5%.

Sports Companies

In order to determine favorable conditions for the birth and development of Sports Companies, to create the best conditions for the operation and management of the company itself. For anything not expressly provided for, the Team and Associations title will apply.

Sports Companies:

a) can participate in Sports Competitions of any type;

b) can conclude Professional, Amateur or Amateur Sports Performance Contracts;

c) can perform the services typified by the Code.

Subjective requirements and objective requirements for the classification of Sports Companies

The company that intends to obtain the status of “Sports Company” and obtain registration in the appropriate section of the Register of Associations, Companies and Sports Companies must possess the following objective and subjective requirements:

a) carry out its activity mainly in the Sports sector, in strict compliance with the provisions of the Code and in reference to the cases provided for therein. In particular, each Sports Company must at least:

i. have established or manage an Esports Team; and/or

ii. perform at least one of the following roles of the Code: Broadcaster, Distributor, Owner or Manager of Esports Hall or Gaming House, Organizer, Developer;

b) carry out its activity continuously and not occasionally;

c) carry out its activity with at least one management and operational office located in the territory of the Republic of San Marino;

d) be a company under Sammarinese law established as a limited liability company or joint stock company;

e) explicitly provide for the activity or activities referred to in point a) in its corporate purpose.

Regulation applicable to Sports Enterprises

The attribution of the Status of Sports Enterprise determines:

a) exemption from payment of the operating license tax;

b) payment of the registration tax on all corporate deeds in the fixed amount of Euro 70.00 (seventy/00).

For all aspects not expressly regulated in the Code, the current legislation on limited liability companies or joint stock companies applies, where compatible.

Employment contract for employees of Sports Companies

In order to support the start-up of Sports Companies, a fixed-term employment contract for Sports Companies is established with the following characteristics:

a) has a maximum duration of thirty-six months, including renewals;

b) It can be used by the company for a maximum of ten employees. The limit of ten employees refers to the simultaneous presence of personnel with this type of contract.

At the end of the fixed-term employment contract for employees of Imprese Esportive, the company has the right to continue the employment relationship with the employee who has used this type of contract for the maximum period foreseen, with one of the forms of hiring provided for by the San Marino legislation.

For anything not regulated, reference is made to the general legislation on fixed-term subordinate employment.

Contributory tax relief for Players and employees of Imprese Esportive

The State promotes Esports activity also by providing tax relief for Players and employees of Esports Companies according to the terms and conditions that will be defined by delegated decree.