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Act 22 entices individual investors to move to Puerto Rico. Significantly, new qualifying residents have 100% tax exemption from Puerto Rico taxes on all dividend and interest income and long-term capital gains accrued after becoming a qualifying new resident.
Alternative minimum tax (AMT)Such minimum tax is subject to an 18.5% flat rate, or 23% in the case of taxpayers required to submit financial statements. A corporation is not allowed to claim the same deductions it claimed for regular income tax purposes.
A 5% tax rate would apply to the net long-term capital gain in connection with the appreciation of securities held before becoming domiciled in Puerto Rico and recognized (i) after 10 years of establishing such domicile but (ii) before January 1, 2036.
You have taxable income or deductible loss when you sell the stock you bought by exercising the option. You generally treat this amount as a capital gain or loss. However, if you don't meet special holding period requirements, you'll have to treat income from the sale as ordinary income.
Any capital gain or passive income accrued prior to becoming a resident is taxed in Puerto Rico at the prevailing tax rate if the gain is recognized within 10 years of becoming a resident. After 10 years, it is taxed at 5%.
Short-term capital gains are subject to the regular gradual rates. In the case of long-term capital gains, Puerto Rican non-resident foreign nationals are subject to a flat withholding rate of 25%. Puerto Rican non-resident US citizens are only subject to a flat withholding rate of 15% on long-term capital gains.
One of the greatest of many Puerto Rico tax benefits is the Act 60 Investor Resident Individual Tax Incentive (formerly Act 22), which allows you to pay 0% federal or Puerto Rico capital gains tax on all capital gains incurred during the time that you qualify as a bona fide Puerto Rico resident living in Puerto Rico.
Traders in securities and commodities who become bona fide residents of Puerto Rico can continue to trade on U.S. markets without effectively connecting the income to the United States if certain conditions are met, based on the following safe-harbor rules.
Traders will go from paying U.S. federal and state income taxes on capital gains to paying zero taxes on capital gains as a bona-fide resident of PR. That's a huge savings! Investment managers charge advisory fees to investors.
To the extent the plan is considered qualified for Puerto Rico purposes, the exercise of the stock options will not trigger income taxation. Such income will be recognized only upon the sale of the shares, at which time it will be reported as a capital gain.