{"id":12809,"date":"2017-07-20T09:00:09","date_gmt":"2017-07-20T13:00:09","guid":{"rendered":"http:\/\/www.escapeartist.com\/?p=12809"},"modified":"2020-09-17T09:02:55","modified_gmt":"2020-09-17T14:02:55","slug":"puerto-ricos-act-20","status":"publish","type":"post","link":"https:\/\/www.escapeartist.com\/blog\/puerto-ricos-act-20\/","title":{"rendered":"Puerto Rico\u2019s Act 20"},"content":{"rendered":"
Established in 2012, Puerto Rico\u2019s Act 20 promotes the exportation of services from the US territory. The purpose is to attract foreign capital and professionals from the United States and abroad, all the while positioning Puerto Rico as an internal service center. Here\u2019s a summary of Puerto Rico\u2019s Act 20.<\/span><\/p>\n By providing exponentially reduced tax rates compared to it\u2019s big brother, the Department of Economic Development of Puerto Rico feels that Act 20 leverages the island\u2019s status as a territory, <\/span>IRC 933<\/span><\/a>, and facilitates the creation of jobs, island investment and companies. <\/span><\/p>\n Puerto Rico\u2019s Act 20 allows you to set up an office in Puerto Rico, which will export services from the island to persons and companies located outside of Puerto Rico. <\/span><\/p>\n Puerto Rico\u2019s Act 20 comes with a 20 year tax decree that guarantees you a 4% corporate rate on any export service income earned from work on the island. <\/span><\/p>\n As part of our service we can offer assistance with the filing application for the tax decree, moreover IRS compliance strategies, Hacienda compliance, feasibility study and business plans. <\/span><\/p>\n Puerto Rico\u2019s Act 20 Tax benefits: <\/span><\/p>\n List of eligible export service:\u200b<\/span><\/p>\n What\u2019s the catch?!? Or rather requirements for Puerto Rico\u2019s Act 20:<\/b><\/p>\n The Company applying for act 20 must have at least 5 full time employees. The Act 20 Company will have 2 years starting on the date the business begins \u00a0operating to hire these people, with firms usually hiring 3 to start and then adding 2 more. <\/span><\/p>\n Only employees (full time, part time, and temp) shall be counted on this requirement. Independent contractors do not count toward the requirement. <\/span><\/p>\n If you hire temporary workers, the total amount of full time employees maintained by the Company should be computed by dividing the total amount of hours worked by all employees during each taxable year over 2,080 hours, which resulting amount is considered the number of full time equivalents.<\/span><\/p>\n No Nexus to Puerto Rico for an Act 20 company<\/b><\/p>\n The company’s eligible activity must not be related to the conduct of business inside of Puerto Rico (if receivable transactions are serviced to a PR based client then there is a nexus). The purpose of this no nexus clause is to allow companies to develop on the island without depleting the existing local markets, by surplusing the local economy with \u201cnew money\u201d.<\/span><\/p>\n But wait there’s more:<\/b><\/p>\n Puerto Rican residents don’t pay US federal taxes on <\/span>Puerto Rico sourced income<\/span><\/a>. If income is determined to be non PR-sourced, then regular rates on apply in sourced income.<\/span><\/p>\n Also, if the company decides to hire non PR Residents, then tax rates depends on:<\/span><\/p>\n In most cases, a Puerto Rican resident is any US citizen living in Puerto Rico and spending a minimum 183 days a year on the island. Any US citizen can become an employee, they don\u2019t need to have previously resided on the island. <\/span><\/p>\n Remember that anyone born in Puerto Rico is a US citizen. Travel between Puerto Rico and the US mainland is a domestic flight with no immigration controls. <\/span><\/p>\n The reason for Puerto Rico\u2019s Act 20 is to bring employment to the island. It seems to be working as some very large businesses have moved to the territory. <\/span><\/p>\n If you would like to compare Puerto Rico\u2019s Act 20 to the tax incentives available to offshore businesses, see: <\/span>Panama vs Puerto Rico, which is right for your business?<\/span><\/a><\/p>\n\n
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