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Tax Exemptions under
Act 60

Act 60 – Export Services & Commerce

Benefits

Eligible businesses may request a tax exemption under the consolidated Incentives Code of Puerto Rico, Act 60-2019. Under Act 60, an eligible business includes export services and commerce. Currently, such an eligible business with a tax exemption decree in Puerto Rico under Act 60 will enjoy a:

  • 4% income tax rate (2% for 5 years for small businesses, or 1% for pioneer activity)
  • 100% income tax exemption on dividends or profits generated
  • 75% exemption on real and personal property tax (100% for 5 years for small businesses)
  • 50% municipal tax exemption (100% for 5 years for small businesses)
  • 15-year tax exemption period with an optional 15-year extension

Eligible Services

As noted, export services are eligible services rendered to persons located outside of Puerto Rico. However, to qualify for the exemption, services rendered cannot have a connection with Puerto Rico. Services are considered to have a connection with Puerto Rico if they are related to commercial or for-profit activities carried out in Puerto Rico, or advice regarding the laws and regulations of Puerto Rico, as well as procedures and administrative orders of the Government of Puerto Rico and its agencies, among others.

Moreover, any entity engaged in an export commerce activity must generate at least 80% of its gross income from this activity.

Many services are considered eligible export services. For example, qualified services include advertising and public relations, call centers, marketing centers, shared service centers, consulting, corporate headquarters, creative industries (design, art, music, publications, development of apps and video games, creative education), education services and training, electronic data processing centers, engineering, development of computer programs, computing or blockchain, income from licensing, subscriptions or charges for services, investment banking and other financial services (including advisory and broker dealer operations), architecture, project management, hospital and laboratory services including telemedicine, voice and data telecommunications, professional services (law and accounting), and research and development.

In addition, export services include assembly, bottling and packaging of products for export, commercial and mercantile distribution of products manufactured in P.R., commissions on the sale of products to customers outside P.R., purchase of products for resale to customers outside P.R., sale of intangible products to customers outside P.R., and storage and distribution centers.

Puerto Rico Act 60

Act 60 – Individual Investor

Benefits

Individual investors receive a 100% tax exemption from Puerto Rico income taxes on interest and dividend income on capital gains accrued as a resident of Puerto Rico.

Additional details

Individual investors must follow additional requirements: (1) make an annual donation to an independent qualified nonprofit certified by the Puerto Rico Internal Revenue Code, (2) move to Puerto Rico within 2 years of receipt of the grant, and (3) file an annual report with a $5,000 filing fee.

Tax incentives granted to individual investors under Act 60 expire on December 31, 2035.

EB-5 investors may apply for a Green Card (permanent residence) if they meet investment thresholds and create or preserve ten permanent full-time jobs for qualified US workers, including in Puerto Rico.

A Puerto Rico resident is an individual who is domiciled in Puerto Rico, or stays in Puerto Rico for 183 days, for income tax purposes.

Act 135 – Young Entrepreneurs

The provisions of Act 135-2014 still apply under Act 60. Individuals between 16 and 35 years old may be eligible for a tax exemption that includes a 0% income tax rate for three years on up to $500,000 of net income, and a 100% exemption on Business Volume and Personal property tax for 3 years.

Other Tax Incentives in Puerto Rico

Businesses that operate in the film, tourism, and alternative energy industries may request a tax grant under Act 60. Contact us for more information on eligibility requirements in these industries.

Foreign national investors may follow the EB-5 Investor Program to qualify.

In addition to reduced Puerto Rico tax rates, eligible green energy activities may also qualify for federal tax credits.

Contact us to find
if you are eligible for a Tax Grant

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