Puerto Rico Tax Guide

Transcription

1 Puerto Rico Tax Guide 2012

2 foreword A country s tax regime is always a key factor for any business considering moving into new markets. What is the corporate tax rate? Are there any incentives for overseas businesses? Are there double tax treaties in place? How will foreign source income be taxed? Since 1994, the PKF network of independent member firms, administered by PKF International Limited, has produced the PKF Worldwide Tax Guide (WWTG) to provide international businesses with the answers to these key tax questions. This handy reference guide provides clients and professional practitioners with comprehensive tax and business information for 100 countries throughout the world. As you will appreciate, the production of the WWTG is a huge team effort and I would like to thank all tax experts within PFK member firms who gave up their time to contribute the vital information on their country s taxes that forms the heart of this publication. I would also like thank Richard Jones, PKF (UK) LLP, Kevin Reilly, PKF Witt Mares, and Kaarji Vaughan, PKF Melbourne for co-ordinating and checking the entries from countries within their regions. The WWTG continues to expand each year reflecting both the growth of the PKF network and the strength of the tax capability offered by member firms throughout the world. I hope that the combination of the WWTG and assistance from your local PKF member firm will provide you with the advice you need to make the right decisions for your international business. Jon Hills PKF (UK) LLP Chairman, PKF International Tax Committee jon.hills@uk.pkf.com I

3 important disclaimer This publication should not be regarded as offering a complete explanation of the taxation matters that are contained within this publication. This publication has been sold or distributed on the express terms and understanding that the publishers and the authors are not responsible for the results of any actions which are undertaken on the basis of the information which is contained within this publication, nor for any error in, or omission from, this publication. The publishers and the authors expressly disclaim all and any liability and responsibility to any person, entity or corporation who acts or fails to act as a consequence of any reliance upon the whole or any part of the contents of this publication. Accordingly no person, entity or corporation should act or rely upon any matter or information as contained or implied within this publication without first obtaining advice from an appropriately qualified professional person or firm of advisors, and ensuring that such advice specifically relates to their particular circumstances. PKF International is a network of legally independent member firms administered by PKF International Limited (PKFI). Neither PKFI nor the member firms of the network generally accept any responsibility or liability for the actions or inactions on the part of any individual member firm or firms. II

4 preface The (WWTG) is an annual publication that provides an overview of the taxation and business regulation regimes of 100 of the world s most significant trading countries. In compiling this publication, member firms of the PKF network have based their summaries on information current as of 30 September 2011, while also noting imminent changes where necessary. On a country-by-country basis, each summary addresses the major taxes applicable to business; how taxable income is determined; sundry other related taxation and business issues; and the country s personal tax regime. The final section of each country summary sets out the Double Tax Treaty and Non-Treaty rates of tax withholding relating to the payment of dividends, interest, royalties and other related payments. While the WWTG should not to be regarded as offering a complete explanation of the taxation issues in each country, we hope readers will use the publication as their first point of reference and then use the services of their local PKF member firm to provide specific information and advice. In addition to the printed version of the WWTG, individual country taxation guides are available in PDF format which can be downloaded from the PKF website at PKF INTERNATIONAL LIMITED APRIL 2012 PKF INTERNATIONAL LIMITED ALL RIGHTS RESERVED USE APPROVED WITH ATTRIBUTION III

5 about pkf international limited PKF International Limited (PKFI) administers the PKF network of legally independent member firms. There are around 300 member firms and correspondents in 440 locations in around 125 countries providing accounting and business advisory services. PKFI member firms employ around 2,200 partners and more than 21,400 staff. PKFI is the 10th largest global accountancy network and its member firms have $2.6 billion aggregate fee income (year end June 2011). The network is a member of the Forum of Firms, an organisation dedicated to consistent and high quality standards of financial reporting and auditing practices worldwide. Services provided by member firms include: Assurance & Advisory Corporate Finance Financial Planning Forensic Accounting Hotel Consultancy Insolvency Corporate & Personal IT Consultancy Management Consultancy Taxation PKF member firms are organised into five geographical regions covering Africa; Latin America; Asia Pacific; Europe, the Middle East & India (EMEI); and North America & the Caribbean. Each region elects representatives to the board of PKF International Limited which administers the network. While the member firms remain separate and independent, international tax, corporate finance, professional standards, audit, hotel consultancy, insolvency and business development committees work together to improve quality standards, develop initiatives and share knowledge and best practice cross the network. Please visit for more information. IV

6 structure of country descriptions a. taxes payable FEDERAL TAXES AND LEVIES COMPANY TAX CAPITAL GAINS TAX BRANCH PROFITS TAX SALES TAX/VALUE ADDED TAX FRINGE BENEFITS TAX LOCAL TAXES OTHER TAXES b. determination of taxable income CAPITAL ALLOWANCES DEPRECIATION STOCK/INVENTORY CAPITAL GAINS AND LOSSES DIVIDENDS INTEREST DEDUCTIONS LOSSES FOREIGN SOURCED INCOME INCENTIVES c. foreign tax relief d. corporate Groups e. related party transactions f. withholding tax G. exchange control H. personal tax i. treaty and non-treaty withholding tax rates V

7 international time Zones AT 12 NOON, GREENwICH MEAN TIME, THE standard TIME ELsEwHERE Is: A Algeria pm Angola pm Argentina am Australia - Melbourne pm Sydney pm Adelaide pm Perth pm Austria pm B Bahamas am Bahrain pm Belgium pm Belize am Bermuda am Brazil am British Virgin Islands am C Canada - Toronto am Winnipeg am Calgary am Vancouver am Cayman Islands am Chile am China - Beijing pm Colombia am Croatia pm Cyprus pm Czech Republic pm D Denmark pm Dominican Republic am E Ecuador am Egypt pm El Salvador am Estonia pm F Fiji midnight Finland pm France pm Guernsey noon Guyana am H Hong Kong pm Hungary pm I India pm Indonesia pm Ireland noon Isle of Man noon Israel pm Italy pm J Jamaica am Japan pm Jersey noon Jordan pm K Kazakhstan pm Kenya pm Korea pm Kuwait pm L Latvia pm Lebanon pm Liberia noon Luxembourg pm M Malaysia pm Malta pm Mauritius pm Mexico am Morocco noon N Namibia pm Netherlands (The) pm New Zealand midnight Nigeria pm Norway pm O Oman pm G Gambia (The) noon Georgia pm Germany pm Ghana noon Greece pm Grenada am Guatemala am P Panama am Papua New Guinea pm Peru am Philippines pm Poland pm Portugal pm Puerto Rico am VI

8 Q Qatar am R Romania pm Russia - Moscow pm St Petersburg pm s Sierra Leone noon Singapore pm Slovak Republic pm Slovenia pm South Africa pm Spain pm Sweden pm Switzerland pm T Taiwan pm Thailand pm Tunisia noon Turkey pm Turks and Caicos Islands am U Uganda pm Ukraine pm United Arab Emirates pm United Kingdom (GMT) 12 noon United States of America - New York City am Washington, D.C am Chicago am Houston am Denver am Los Angeles am San Francisco am Uruguay am V Venezuela am Vietnam pm VII

9 Puerto Rico puerto rico Currency: Dollar Dial Code To: 1 Dial Code Out: 011 (US$) Member Firm: City: Name: Contact Information: San Juan Jorge A. Guzman jguzman@tlsr.com a. taxes payable FEDERAL TAxEs AND LEVIEs CORPORATIONs Corporations organised or created under the laws of the Commonwealth of Puerto Rico are subject to tax on their worldwide income determined on a net profits basis. Puerto Rico corporations are subject to tax on a graduated tax rate structure: a flat tax of 20% on the normal-tax net income a surtax on the normal-tax net income less surtax credit (generally $750,000) with tax rates which presently range from: 25% on taxable income from $750,001 to $2,500,000 30% on taxable income in excess of $250,000,000 All corporations (with some exceptions) are subject to an alternative minimum tax if it results in a tax liability greater than the regular tax liability. The alternative minimum tax rate is a flat 20% levied on alternative minimum net income. This is generally computed by adding back to net taxable income certain items which receive preferential treatment in computing the regular tax. It does not apply to non-puerto Rico corporations not engaged in trade or business in Puerto Rico. Audited financial statements There is a requirement of accompanying financial statements, audited by a CPA licensed in Puerto Rico, that apply to all domestic or foreign corporations whose volume of business exceeds $3million. Business with volume of business under $3million but in excess of $1million may, nevertheless, elect to include audited financial statements with their returns. By doing this, they qualify for the automatic waiver granted by the Secretary with respect to withholding from service payments, provided they are up to date with their tax liabilities. Consolidated financial statements Every group of related entities engaged in trade or business in Puerto Rico shall submit the financial statements on a consolidated basis presenting the financial position and the results of operations of the parent company and its subsidiaries as if they were a single entity. In this case, such consolidated financial statements shall be submitted with a consolidating schedule also subject to audit or review. The accounting books and all pertinent documents of the operations of the branches or divisions shall be kept available at all times in Puerto Rico. PARTNERsHIPs Partnerships are not subject to tax on their income at partnership level In Puerto Rico but partners are subject to tax on it, even though the corresponding income is not distributed. FOREIGN CORPORATIONs AND PARTNERsHIPs Non-Puerto Rico corporations and partnerships which have net income effectively connected with the operation of a trade or business in Puerto Rico are subject to the same income tax rates that apply to Puerto Rico corporations and partnerships. Non-effectively connected fixed or determinable annual or periodical income derived from sources within Puerto Rico by non-resident foreign corporations and partnerships is generally taxed at a rate of 29%, except that the tax rate on dividends is 10% and there is no tax on interest unless it is paid by a related party. CAPITAL GAINs TAx Gains from the sale or exchange of capital assets held for more than six months are subject to a maximum tax of 10% for individuals and 15% for corporations. Capital losses may be carried forward for five years but may be used only against capital gains. BRANCH PROFITs TAx Puerto Rico also imposes a branch profits tax of 10% to non-puerto Rico corporations and partnerships that derive less than 80% of their gross income from Puerto Rico sources. The tax is imposed on the branch s dividend equivalent amount, which 1

10 Puerto Rico represents profits of the branch that are effectively connected with a trade or business in Puerto Rico and are not reinvested in the Puerto Rico business operation. sales TAxEs/VALUE ADDED TAx (VAT) From 15 November 2006 Puerto Rico has implemented a Sales and Use Tax. It is imposed at a rate of 5.5% at the state level and 1.5% at the municipal level. The sales and use tax generally applies to all retail sales including mail order, sale of tangible personal property or services, admission fees, storage, use or consumption in Puerto Rico. Limited exceptions include non-processed foods, prescription medicines, most rental of real property, and the following services: medical-hospital, professional, educational, financial, governmental, inter-business and insurance, among others. Vendors must register and collect sales tax. The sale and use tax introduced by the Act replaces the general 6.6% excise tax applicable to most articles imported to Puerto Rico. OTHER TAxEs Other taxes imposed by Puerto Rico include excise taxes, property taxes, unemployment insurance tax (creditable against the US unemployment tax) and licence fees on certain businesses. Municipalities also impose a municipal licence tax on the gross volume of business each year. This ranges from 27% to 50% for business establishments (including self-employed individuals) and from 1% to 1.50% for financial institutions. The sale and use tax introduced by the Act replaces the general 6.6% excise tax applicable to most articles imported to Puerto Rico. The existence of specific-item excise tax is retained for cement, cigarettes, gasoline and other fuels, vehicles and horse racing winnings. The general 6.6% excise tax is retained for plastic. b. determination of taxable income The net taxable income of a corporation or partnership is determined by subtracting all allowable deductions from gross (non-exempt) income. Generally, all expenses and losses directly connected with the trade or business may be deducted. There are, however, some special rules and limitations with respect to certain expenses and losses. DEPRECIATION Depreciable assets are written off over their useful lives under the straight-line method but fixed assets acquired by purchase during taxable years starting after 30 June 1995 may be depreciated under an accelerated cost recovery system. Goodwill acquired by purchase during taxable years starting after 30 June 1995 may be amortised for a period of 15 years under the straight-line method. DIVIDENDs Generally, Puerto Rico corporations and partnerships may deduct 85% of dividends or partnership profits received from other Puerto Rico corporations or partnerships. CHARITABLE CONTRIBUTIONs Qualifying charitable contributions made by corporations and partnerships may be deducted at an amount not in excess of 5% of the net taxable income as computed without considering the charitable contributions. LOssEs Net operating losses incurred by a corporation or partnership may not be carried back but shall be carried over to each of the seven succeeding tax years. ExPENsEs RELATED TO ExEMPT INCOME Expenses attributable to exempt income are not allowed. INsURANCE PREMIUMs Premiums on insurance policies against any risks paid to an insurer not authorised to contract insurance in Puerto Rico are not deductible. LIFE INsURANCE PREMIUMs Premiums paid on any life insurance policy covering the life of any officer or employee are not deductible when the corporation or partnership is a beneficiary under the policy. MEALs AND ENTERTAINMENT The deduction for meals and entertainment is limited to 50%. INCENTIVEs Puerto Rico provides tax incentives by means of special tax exemptions and deductions for specified industries. Qualifying manufacturing operations, recycling businesses, agriculture, hospital facilities, hotels and related tourist activities are eligible for partial exemption from property and municipal taxes. For industrial development income, there is a single flat income tax rate that is generally 7%. For hospital facilities there is a tax credit of up to 15% tied to the hospital facility s payroll expenses. 2

11 Puerto Rico An eligible business (engaged in business in Puerto Rico) is allowed a credit against the income tax for the purchase of products manufactured in Puerto Rico for either export or local sale consumption. The credit is 10% of the value of qualifying purchases in excess of the average value of such purchases made during the three taxable year period preceding the year in which the credit is claimed. It may not reduce the income tax for any particular taxable year by more than 25%. c. foreign tax relief Puerto Rico corporations and partnerships can claim a tax credit (with certain limitations) for taxes paid to a foreign jurisdiction on income taxed in Puerto Rico. Non-Puerto Rico corporations and partnerships are allowed a credit, with certain limitations, for taxes paid to a foreign jurisdiction with respect to income from sources without Puerto Rico effectively connected with the conduct of a trade or business within Puerto Rico. d. corporate Groups There is no provision for consolidated tax returns. e. related party transactions Related corporations and partnerships are not allowed to file consolidated tax returns. Each corporation or partnership with a legal entity must file a separate tax return. The Secretary of the Treasury is empowered to distribute, apportion or allocate gross income, deductions, credits or allowances between related organisations if it is determined that such distribution, apportionment or allocation is necessary in order to prevent evasion of taxes or to reflect clearly the income of any of such related organisations. f. withholding tax Withholding taxes must be deducted from dividends, interest, rents, royalties, salaries, annuities, compensation or other fixed or determinable, annual or periodic income paid to non-resident individuals and non-puerto Rico corporations or partnerships not engaged in trade or business in Puerto Rico. No withholding is required from interest on bank deposits paid to such individuals, corporations and partnerships. Generally, the withholding rate is 29% but the withholding rate for non-residents who are citizens of the United States is 20%. The rate is 10% on dividends. Interest is not subject to withholding unless the debtor and recipient are related persons. Payments made to resident individuals or corporations engaged in trade or business in Puerto Rico for services rendered are subject (with some exceptions) to a withholding rate of 7% unless the recipient secures a waiver from the Secretary of the Treasury granting partial exemption from the withholding. G. exchange control No exchange controls are in effect. H. personal tax Income tax is payable by all resident individuals on non-exempt income derived from all sources. Non-resident individuals are only required to pay tax on income from Puerto Rico sources. A resident individual is one who has been present in Puerto Rico for a period of not less than 183 days during the calendar year. Resident individuals are taxed on their net taxable income after deducting allowable deductions, personal exemptions and credits for dependents. Most individuals have their income tax withheld from salaries and wages paid by their employers. Self-employed individuals must pay tax instalments in advance. These are then credited against their tax liability for the year. The income tax rates for resident individuals range from 7% on the excess of $5,000 of net taxable income to 33% on net taxable income in excess of $60,000. Individuals with adjusted gross income in excess of $150,000 are subject to an alternative basic tax if the amount of such tax is higher than the individual s regular tax. The tax rates for non-resident individuals (not United States citizens) with income effectively connected with a trade or business in Puerto Rico are the same as those for resident individuals. Citizens of the United States are taxed at the same rates applicable to residents of Puerto Rico whether or not they are engaged in trade or business in Puerto Rico. i. treaty and non-treaty withholding tax rates No treaties are signed or in force. 3

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