FOR INFORMATION PURPOSES ONLY.

Transcription

1 Form AS Rev. Jun 8 15 Commonwealth of Puerto Rico DEPARTMENT OF THE TREASURY Internal Revenue Area Consumption Tax Bureau DECLARATION OF IMPORTS The Declaration of Imports must be completed in all parts and specify the type of import made. The information contained in the Declaration must match the one included on the Commercial Invoice and on the Bill of Lading. Section of the Puerto Rico Internal Revenue Code of 2011, as amended (Code), provides that the person responsible for the payment of use tax on every imported property that is introduced from abroad in any form will be the importer. Importer s Name Social Security or Employer Identification Number Address Introduction Date Period (Month / Year) Merchant s Registration Number Declaration Number Declaration Date Carrier Amended Declaration Enter the total value of the corresponding Bills of Lading indicated in Part II. They must be classified between exempt and taxable items, as provided by Law. Part I Imports for Use 1. Enter the value of imported taxable items for use (Not inventory) Enter the value of imported taxable items for resale (Inventory) Enter the value of exempt imported items (Please break down the value according to the type of exemption): a. Eligible reseller (Section )... b. Raw material, machinery and equipment (Manufacturing process) (Section )... c. Exportation (Section )... d. Items in transit (Section )... e. Air or maritime terminals (Section )... f. Items for Government agencies (Puerto Rico and United States) (Section )... g. Food (Section )... h. Change of residence (Section )... i. Articles and equipment to compensate for physical deficiencies (Section )... j. Solar equipment (Section )... k. Articles, equipment and technology used to render health services (Section )... Amount FOR INFORMATION PURPOSES ONLY. DO NOT USE FOR FILING. l. Bona fide farmer (Section )... m. Tourism development concessionary (Section )... n. Special acts... o. Prescription medicines (Section )... p. Giveaways (Section ) Total exempt imported items (Add lines 3(a) through 3(p)) Amount subject to tax (Add lines 1 and 2) Balance of tax due (Multiply line 5 by 10.5% (6% + 4.5%))... 7.Interests Surcharges Penalties Total to be paid (Add lines 6 through 9)... Payment Method: ACH Debit Bond Bond Balance: ACH Credit Type of Account: Commercial Individual Checking Individual Savings Routing / transit: Account number: I hereby declare, under the penalty of perjury stipulated in Articles 274 and 275 of the Penal Code of the Commonwealth of Puerto Rico, Act , as amended, and subject to the provisions of Subtitle F of the Code, that the information included in this document and all its attachments is true, complete and correct. Retention: Six (6) years.

2 Page 2 Importer s Name Period (Month / Year) Amended Declaration Social Security or Employer Identification Number Merchant s Registration Number Address Introduction Date Part II Detail of Bills(s) of Lading Declaration Number Declaration Date Carrier FOR INFORMATION PURPOSES ONLY. DO NOT USE FOR FILING. Retention: Six (6) years.

3 INSTRUCTIONS IMPORTANT NOTICE The Declaration of Imports for Use (Declaration) must be completed in all parts and specify the type of import made. The information contained on the Declaration must match the one included on the Commercial Invoice and on the Bill of Lading. Section of the Puerto Rico Internal Revenue Code of 2011, as amended (Code), provides that the person responsible for the payment of the use tax on every imported property that is introduced from abroad in any form will be the importer. WHO SHALL FILE THIS DECLARATION? Every person that imports tangible personal property by any means, including a postal service or air carrier system, subject to use tax, must submit a detailed use tax declaration regarding all tangible personal property introduced from abroad. In the case of tangible personal property imported by a maritime carrier, you must submit a detailed declaration as a requirement prior to the release, regardless that such property is exempt or not under the Code. The Declaration must be made electronically using our webpage at by clicking on the Merchant s Integrated Portal (PICO, for its Spanish acronym) button. WHEN AND WHERE SHALL THIS DECLARATION BE FILED? The use tax applicable to taxable items imported to Puerto Rico by any person, except the items introduced through a postal service or air carrier system, must be paid before the taxpayer takes possession of the item. You must submit a Declaration of Imports for Use according to the introduction date and carrier, which must include the bills of lading received. This Declaration and the corresponding payment shall be filed only by accessing our website at through the PICO system. The payment must be made through electronic transfer of funds (ACH Debit). On the other hand, the ACH Credit option will be available only to bonded merchants. For additional information about ACH Credit, please refer to Publication available at the Department s website under the Publications topic and the Internal Revenue Area and Tax Policy Area subtopic. In the case of bonded merchants, they may extend the payment of use tax by using the Bond and they will remit the payment not later than the tenth (10 th ) day of the month following the month in which the merchandise subject to tax is introduced. The amount of the bond will be deducted according to the tax owed, which will be used to release or take possession of the tangible personal property introduced to Puerto Rico. The Bonded Merchant will never be able to use the amount of bond available to guarantee the payment of surcharges, interests or administrative fines to release or take possession of the tangible personal property introduced to Puerto Rico. When the payment is submitted with the Use Tax on Imports Monthly Return (Form AS SC D), the Department of the Treasury (Department) will restore the amount paid to the bond. HEADING Importer s Name Indicate the trade name (known as d/b/a) of the commercial establishment for which this declaration is filed. If you are an individual doing business under your own name, indicate your name and last names. Social Security or Employer Identification Number Indicate your employer identification number. If you are an individual doing business under your own name, you must enter your social security number, regardless of whether you conduct business using a sole proprietorship employer number. Period (Month / Year) Indicate the month (two digits) and the year (four digits) corresponding to the period for which this declaration is filed. Merchant s Registration Number For periods beginning after August 1, 2014, the merchant will include the merchant s registration number assigned by the PICO system. Such number consists of the first seven digits of you current merchant s registration number and a verification number assigned by the PICO system. If you are a merchant and do not have a merchant s registration number, you must complete Form AS (Application for Merchant s Registration Certificate), or access the Department s website ( ivu) and make the registration process electronically. When you complete the registry electronically, the system will inform you the Merchant s Registration Number at the moment of printing the registration confirmation sheet. Amended Declaration - If you omitted imports or did not claim an exemption or believe that you are not entitled to a deduction or adjustment claimed in your original Declaration, you shall amend it. Completely fill in the oval for Amended Declaration. Bond Every importer that wants to be a bonded merchant and extend the term established to pay the tax in the Declaration of Imports for Use (Form AS ), must apply for it in writing to the Director of the Consumption Tax Bureau. For additional information regarding the bond application, please refer to the Internal Revenue Circular Letter No , available at the Department s website under the Publications topic and the Internal Revenue Area and Tax Policy Area subtopic. Part I SPECIFIC INSTRUCTIONS FOR FILING THIS DECLARATION Line 1 Enter the value of imported taxable items for use (Not inventory) Indicate the total purchase price of the articles or goods subject to use tax that you imported to Puerto Rico during the month. Do not add the inventory for resale. You must enter the tangible personal property introduced for use, consumption or storage. The same must be declared not later than the tenth (10 th ) day of the month following the month in which it was introduced. Line 2 Enter the value of imported taxable items for resale (Inventory) When the taxable item is subsequently object of trade in the ordinary course of business in Puerto Rico and which introduction date to Puerto Rico had been after August 1, Indicate here the purchase price of the articles or goods for resale imported during the period for which this Declaration is filed. Line 3 Enter the value of exempt imported items Enter here the total amount of imported exempt items made during the corresponding period, which you must break down according to the type of exemption. (a) Eligible reseller (Section ) Enter here the total amount of imported exempt items made during the period. The person entitled to claim this exemption will be: A merchant that purchases taxable items mainly to sale them to persons that can acquire such items exempt from the payment of sales and use tax, that during the period of three (3) tax years immediately before the year of the determination, an average of eighty (80) percent or more of the inventory withdrawn by the merchant has been to make sales to persons that can acquire the taxable item exempt from the payment of sales and use tax, or for exportation. Merchants engaged, as part of their business, in wholesale or retail sales of textbooks, to whom the Secretary may issue an Eligible Reseller Certificate to cover only the purchases or imports of textbooks.

4 Merchants authorized to make retail sales under the Federal Nutrition Assistance Program (PAN) and the Special Supplemental Nutrition Program for Pregnant Women, Nursing and New Mothers, Infants and Children from 1 to 5 years of age (WIC), to whom the Secretary may issue an Eligible Reseller Certificate to cover only the purchases or imports of food and food ingredients, including items excluded from the term food (excluding alcoholic beverages and tobacco and products derived therefrom) and prepared food. (j) Solar equipment (Section ) (b) Raw material, machinery and equipment (Manufacturing process) (Section ) Instructions - Page 2 Enter here the total solar electric equipment used to produce electric power, including its accessories and parts, provided they are necessary in order for the equipment to comply with such purpose. In order to qualify for this exemption, the distributor or manufacturer must submit to the Department a certification declaring that the solar electric equipment or the accessories and parts thereof, meet the standards and specifications established by the Energy Affairs Administration, as well as a certification declaring that the solar electric equipment is guaranteed for five (5) or more years. Enter here the total amount of exempt items corresponding to raw material, machinery and equipment used in the manufacturing process made during the period. You must have a Manufacturing Plant or Manufacturer identification number issued by the Consumption Tax Bureau. (c) Exportation (Section ) Enter here the taxable items that are sold for its use and consumption outside Puerto Rico. The taxable items sold in this manner must be exported within sixty (60) days counted from the date of sale. (d) Items in transit (Section ) Enter here every taxable item temporarily introduced to Puerto Rico that is directly related with the making of productions films, constructions, trade shows, conventions, seminars, or other means, and which is re-exported from Puerto Rico. In order to qualify for this exemption, the importer must submit an application to the Consumption Tax Bureau. (e) Air or maritime terminals (Section ) Enter here the taxable items available for sale in stores established in air or maritime terminals to persons traveling outside the jurisdictional limits of Puerto Rico. This exemption will be granted when the selling store has the license required to operate this type of business. You may apply for this exemption at the Consumption Tax Bureau. (f) Items for Government agencies (Puerto Rico and United States) (Section ) Enter here every taxable item acquired for official use by the agencies and instrumentalities of the Government of the United States of America and the Commonwealth of Puerto Rico. (g) Food (Section ) Enter here the total taxable items corresponding to food and food ingredients, as defined in Section of the Code. (h) Change of residence (Section ) Enter here the total taxable items used that reasonably and effectively are part of a change of residence, of every individual nonresident of Puerto Rico or persons in the service of the Armed Forces of the Government of the United States of America or of the Commonwealth of Puerto Rico who are officially transferred to render service in Puerto Rico. (i) Articles and equipment to compensate for physical deficiencies (Section ) Enter here the total of articles and equipment expressly designed to compensate for physical or physiological deficiencies of disabled persons, as such term is defined under Act , as amended, known as the Puerto Rico Assistance Technology Program Act, and Act , as amended, known as Bill of Rights of Persons with Disabilities Act. In order to qualify for this exemption, you must submit to the Department a certification declaring that the article and/or equipment will compensate for a physical or physiological deficiency of the importer. (k) Articles, equipment and technology used to render health services (Section ) Enter here the articles, equipment and technology used to render health services. Said exemption will be granted to every facility for the rendering of health services that enjoy the provisions of Act No. 168 of June 30, 1968, as amended, known as the Hospital Facilities Tax Exemption Act or subsequent similar act. In order to qualify for this exemption, the importer must submit to the Department documentation certifying his/her condition as a health service facility according to the provisions of the previously mentioned act. (l) Bona fide farmer (Section ) Enter here the total amount of articles when they are acquired for the exclusive use in your farming businesses. In order to obtain this exemption, you must be a bona fide Farmer, duly certified by the Department of Agriculture, and have an identification number issued by the Consumption Tax Bureau. (m) Tourism development concessionary (Section ) Enter here the total amount of those articles used by the concessionary regarding a tourism activity to a business to whom an Exemption and Tax Credit Concession has been granted under Act , known as the Tourism Development Act of 2010, as amended, or under any successor law, or previous similar law. In order to qualify for this exemption, you must have the identification number issued by the Consumption Tax Bureau. (n) Special acts Enter here the total imported taxable items acquired under any special act that exempt them from the sales and use tax, which are not itemized as part of the previously mentioned exempt imports. In order to qualify for this exemption, you must have the identification number issued by the Consumption Tax Bureau. (o) Prescription medicines (Section ) Enter here the total medicines acquired for human consumption that may be acquired only and exclusively by medical prescription (Rx products). (p) Giveaways (Section ) Enter here every tangible personal property that is considered promotional material introduced to Puerto Rico. Promotional material (giveaways) is defined as every tangible personal property that is delivered free of charge for promotional purposes by a promoter and/or exhibitor. In order to enjoy this exemption, the entity must submit the Import of Promotional Material Exempt from Use Tax Certificate issued by the Puerto Rico Tourism Company. The Import of Promotional Material Exempt from Use Tax Certificate is the document provided by the Puerto Rico Tourism Company certifying that the promotional material introduced to Puerto Rico will be used in a convention, trade show, forum, meeting, incentives trip or congress. Such certificate must be provided by the importer in order to release the promotional material free of use tax.

5 Line 4 - Total exempt imported items Add lines 3(a) through 3(p) and enter the result here. Line 5 Amount subject to tax Add lines 1 and 2 and enter the result here. Line 6 - Balance of tax due Multiply line 5 by 10.5% and enter the result here. The total 10.5% rate consists of the sales and use tax of 6% and the surcharge on the consumption tax of 4.5%. Line 7 Interests If you did not pay the SUT on or before the tenth (10th) day of the month following the month during which the transaction subject to said tax occurred, you shall include interests calculated at an annual rate of 10% from the tenth (10th) day of the month to the date when the payment is made. Line 8 - Surcharges In all cases where the payment of interests is applicable, a surcharge equivalent to 5% of the total unpaid amount shall be charged if the delay in payment exceeds 30 days, but not 60 days; or 10% of the total unpaid amount if the delay exceeds 60 days. REQUIREMENT TO KEEP DOCUMENTS All merchants shall maintain in Puerto Rico, for a period no shorter than six (6) years, all the information that serves as evidence of the taxable items received, used, sold, distributed, stored, or leased by said merchant, such as invoices, shipping documents, collections for said sales, and any other document that the Secretary could request. Furthermore, all merchants shall maintain, for a period no shorter than six (6) years, accounting books, papers, documents, and any other evidence related to their sales and to the amount of the collected and deposited sales tax. The documents and information to be maintained include, but are not limited to, statements, invoices, commercial receipts, cancelled checks, payment receipts, and exemption certificates. NOTICE TO SPECIALISTS Instructions - Page 3 All tax return specialists who prepare declarations and/or SUT returns are required to file the same electronically on behalf of their clients. The system will require you to enter your name and registration number. The Code provides administrative fines and penalties for specialists who do not provide this information or do not comply with any other of the requirements established in the Code. Line 9 Penalties A progressive penalty shall be imposed for not filing this declaration, unless you demonstrate that such omission is due to a reasonable cause and not to voluntary neglect. If the omission does not exceed 30 days, 5% shall be added to the use tax balance, and an additional 10% shall be added for each additional 30 day period or fraction thereof while the omission continues to exist, without exceeding 25% in total. Also, every person required to file the Use Tax on Imports Monthly Return who fails to file the Return required by Section of the Code, in the form, date and manner therein established, shall be subject to a penalty of one hundred (100) dollars or ten (10) percent of the tax liability established in such return, whichever is higher. Likewise, any person who in violation of the provisions of Section of the Code, fails to remit the sales and use tax in the form and on the time therein established, shall be subject to a penalty of no less than twenty-five (25) percent nor more than fifty (50) percent of the determined insufficiency. Line 10 - Total to be paid Add lines 6 through 9 and enter the result here. Part II Detail of Bill(s) of Lading The PICO system will show the bills of lading related to the Carrier, according to the introduction date received for the period corresponding to the Declaration. You must select the bills of lading to be included in the Declaration. BANK REJECTION FEES Every electronic payment returned, will be subject to a $25.00 minimum charge. This charge is in addition to any other interests, surcharges and penalties provided by the Code or any other fiscal law for omissions in fulfilling your tax responsibility. The Department will make the collection in a traditional or electronic manner.