act 60 tourism

Act 60-2019 Section 2051.01 [Ex Act 74]

Effective January 1, 2020, the Puerto Rico Tax Incentives Code (Act 60-2019) consolidates, makes changes to, and eliminates the various legacy Puerto Rico incentives laws, including Acts 20, 22, 73 and 74. Interested parties can no longer apply for tax incentives under the old Acts.

Benefits

  • 4% income tax rate

  • 100% exemption on dividend distribution for PR residents

  • 75% exemption on real and personal property taxes

  • 50% exemption on municipal revenue taxes

  • 100% exemption on sales tax

  • 75% exemption on construction excise taxes

  • 15 year term + 15 year extension

  • Tax Credit Options:

    • 30% of Eligible Investment - 10% taken upon closing of financing, balance taken in three annual installments from opening date.

    • 40% of Eligible Investment - taken in three annual installments starting on second year of operation.

    • Tax credit may be sold or transferred

Requirements

  • Pre-Application - Project's Eligible Investment for tax credit purposes will commence on the date of Pre-Application filing with the Tourism Company with the following:

    • Description of Project

    • Information of Project operator

    • Estimated Project costs

    • Sources and Uses of Funds

    • Job creation estimates

    • Opening date estimate

    • Pictures of land and buildings

    • Construction drawings and location map

    • Projected financials


  • Application:

    • Sworn statement containing:

      • Name, address, telephone and EIN of entity

      • Names and SS numbers of all owners

      • Contact info of representative

      • Description of Eligible Business

    • Cert. of Incorporation

    • Financial Statements

    • Negative Debt Certificates from Hacienda, CRIM, Dept. of Labor, State Insurance Fund, and Tourism Company.

    • Construction Permit and Plans

    • Use Permit and other compliance

    • Certificate of Insurance Coverage

    • Real and Personal Property Inventory

    • Job creation estimates

    • Total investment detail

    • Sources and Uses of Funds

    • Estimated opening date

    • Property Safety Plan, Handicapped Facilities, Conservation Plan, and Personnel Training Plan.



Eligible Activities

Tourism Activities includes the ownership or management of:

  • Hotels - tourism property with at least fifteen (15) rooms and may include restaurants, pools, casinos, spas, etc.

  • Condohotels - Units for sale that comply with minimum requirements of a Hotel and are available to guests through a common reservation program.

  • Puerto Rico Paradores - from 7-75 rooms that are operated under the categories of Hotel, Guesthouse or Villa.

  • Agro-Hotels - minimum of three (3) rooms within a property that carries out agro-activities by a Bona-Fide Farmer.

  • Guest Houses - minimum of seven (7) rooms with administrative personnel available 24/7. Must have private bathrooms and maid service.

  • Timeshare - tourism property where guest purchases a specific unit, structure or villa for a specified time period every year.

  • Bed & Breakfast Inns - from 3-6 rooms and includes breakfast as part of room rate. Must be operated by a permanent resident on property.

  • Nautical Tourism - includes all watercraft with a minimum capacity of six (6) passengers dedicated to charters and other tourism activities.

  • Medical Tourism - a medical facility authorized by the PR Health Department that serves short term stay visitors.

  • Any business dedicated to leasing to an Exempt Business

  • Theme Parks

  • Golf Courses

  • eSports

  • Fantasy Leagues