Act 60 Basics (Formerly Act 20 -22)

  • Act 60 vs. Act 20 and 22

    While it may be confusing act 60 and acts 20 - 22 are the same thing. The tax incentives were originally codified and under acts 20 and 22 and were later consolidated into act 60. People still use the terms act 60 and act 20 - 22 interchangeably because they both refer to the generous tax exemption afforded to high net worth individuals and companies in Puerto Rico.

  • P.R. Tax Benefeits

    In addition to Act 60 benefits, Puerto Rico offers other tax benefits to everyone living on the island full time.

    • Reduced federal income tax

      click link for exceptions and further details

    • $150,000 property tax credit for your primary residence

    • Alternate self-employed tax bracket

  • Tax Incentives

    Qualifying businesses are eligible to receive some or all of the following benefits:

    • 4% corporate tax rate

    • 100% Tax exemption on dividends

    • 50% Exemption on municipal taxes

    • 75% to 100% exemption on local property taxes (depending on size of business)

  • Requirements

    Act 60 was designed to lure high net worth individuals and corporations to Puerto Rico to stimulate the economy. Here are the three requirements that are most important:

    1. Establish a business in Puerto Rico that generates at least one job. This the entity that is allowed to benefit from the tax incentives.

    2. Purchase a residence in Puerto Rico and live in it for at least 6 months and one day out of the year.

    3. Make a $10,000 donation to charitable entities in Puerto Rico every year.

      Note that there are more requirements that vary between types of businesses but these three are the most important.

FAQs

  • You can contact us at Coll & Co. We can help you get started in moving to the island and answering any questions you might have about buying a property, insuring it, and living on the island.

    You must also submit an application to the Office of Industrial Tax Exemption. They will analyze your application and determine if your business is eligible for act 60 tax status. This process is best done with guidance from a lawyer or tax professional.

  • Yes! In order to be accepted for act 60 benefits you are required to be a bona fide resident of Puerto Rico. This means you must live on the island for the majority of the year. You are still allowed to travel and stay in other places provided that you live on the island for the majority of the year.

  • Yes! There are several methods to do this.

    • Move all profit generating operations to Puerto Rico and shut down said activities in the United States. This will typically maximize your tax savings by having as much of your profit taxed at act 60 rates.

    • Establish a subsidiary or second company in Puerto Rico. The Puerto Rican companies would enter into an agreement with your existing companies where some profit would be transferred to the Puerto Rican company. This typically takes form through a management or consulting fee. This method will only allow some profits to be taxed at act 60 rates.

  • The list of approved industries is vast. Chances are that whatever business you operate or plan to operate fall into one of these provided categories. It’s important to note that any company can receive act 60 exemptions if they prove to be of sufficient economic importance to Puerto Rico and receive approval from the appropriate government entities. So, even if your industry or business isn’t in the list it is still possible to receive act 60 tax exemptions. Below is the full list of approved industries for your convenience.

    (1) investigation and development;

    (2) Marketing and Public Relations;

    (3) consulting: economic, environmental, technological, scientific, general, marketing, Human resources, information and auditing;

    (4) Consulting related to any Industry or commercial activity;

    (5) Creative Industries Including:

    Sale of tickets to tourists or people outside of Puerto Rico. This includes Income related to the transmission or sale of rights of recordings for sale outside of Puerto Rico, and the recordings of spectacles and musical production. E-sports events and Fantasy Leagues that take place in Puerto Rico;

    (6) production of construction blueprints and plans, engineering and architecture services, and project management;

    (7) Professional services including: legal, tax, and accounting services;

    (8) Centralized management services including but not limited to:

    Strategic planning and direction, distribution, logistics and cost analysis that take place in the headquarters or regional offices of companies that provide said services;

    (9) Electronic Information processors;

    (10) Software development;

    (11) Physical distribution, online distribution, cloud based computing and distribution, blockchain technologies, and income derived from licensing, subscriptions or payment for service;

    (12) Voice telecommunication, video, audio and data directed at people outside of Puerto Rico;

    (13) Call centers;

    (14) Shared Services including, but not limited to:

    Accounting, finances, tax consulting, auditing, marketing, engineering, quality control, human resources, communications, electronic processing of data, and general management;

    (15) Training and educational services;

    (16) Hospital and laboratory services, including medical tourism and telemedicine facilities;

    (17) Investment banking and other financial services including but not limited to:

    (a) asset management

    (b) alternative investment management

    (c) activities related to the investment of private capital

    (d) Hedge funds or high risk investment management

    (e) pools of capital

    (f) administration of trusts

    (g) Escrow services

    (18) Marketing centers that are primarily focused on charging for the following: rent, services rendered, secretarial services, translation and information processing, communications, marketing and telemarketing services, and other consulting services target at firms outside of Puerto Rico. This includes export companies and government agencies in charge of foreign exports, and exhibitions of products and services;

    Other approved export services:

    (1)Re-sale of products destined to people outside of Puerto Rico;

    (2) Commission derived from the sale of products destined for people outside of Puerto Rico. (income from the made or derived from the sale of products destined to people inside Puerto Rico are specifically excluded.

    (3) The sale of products fabricated or cultivated to order and destined for use, consumption, or disposal by people outside of Puerto Rico.

    (4) The sale or distribution to people outside of Puerto Rico of: patents, author’s rights, digital content, commercial brands, and others;

    (5) The storage, distribution, and transportation of products and articles that belong to third parties (hubs);

    (6) Commercial and mercantile distribution of products that are manufactured or cultivated in Puerto Rico for jurisdictions outside of Puerto Rico;

    (7) Bottling and assembly plants and packaging of products intended for exports;

    (8) Any other international commercial traffic activity that is included in the incentives law and has been duly approved by the appropriate government entities.

Any Other Questions? Call Us!

 

Contact Coll & Co.

Info@coll.company

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(787) 344-1930

1225 Ave. Ponce De Leon, Suite BS-E1

San Juan, Puerto Rico

 
 

Disclaimer: Coll & Co., all of its employees, contractors, and representatives (collectively referred to as Coll & Co.) are not lawyers or tax professionals. The information provided in this page is for informational and educational purposes only. Act 60 tax exemptions are not guaranteed to foreign or American companies and must be solicited from the Puerto Rican government who hold the final say in whether or not a company or individual may benefit from said exemptions in any way. Coll & Co. makes no guarantees or promises, implicit or explicit, that any individual or entity will receive any of the tax exemptions described herein. Always consult a lawyer or tax professional before making any decision to move operations to Puerto Rico so that they may help you determine if act 60 benefits are for your or any interested entity.