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Non-residents selling property in Puerto Rico are subject to certain taxes, including capital gains tax. It's essential to understand that this tax can vary based on the property's value and duration of ownership. When drafting your sale documents, consider using the Puerto Rico Bill of Sale of Personal Property - Reservation of Life Estate in Seller to ensure you comply with all tax obligations.
Non-residents selling property in Puerto Rico face a tax rate of 15% on the gain from the sale. This taxation can apply differently depending on the property's status and the seller's classification. For more accurate calculations and implications, consider seeking advice on the Puerto Rico Bill of Sale of Personal Property - Reservation of Life Estate in Seller.
Puerto Rico inheritance law includes forced heirship.In the absence of children, or other descendants of such children, then to the parents of the deceased. In the absence of children, grandchildren or other direct descendants, the parents are considered forced heirs.
2. Puerto Rico Inheritance Law Operates By Thirds. Under Puerto Rico inheritance law, one-third of the inheritance is equally split between the forced heirs. Another third is doled out according to the wishes of the testator (the person leaving the inheritance), but this too goes to the heirs.
Personal property refers to the items that people own such as furniture, appliances, or electronics. In short, these items differ from real property because they are movable.
Extra kitchen cabinets installed in a kitchen (with nails or screws) would be considered a fixture. A picture hanging on a nail in a wall would NOT be considered a fixture (it would be personal property).
What is Personal Property? Personal property refers to any assets other than land or buildings. Personal property is movable, and so can include such assets as equipment, furniture, home appliances, and vehicles. It does not include real estate.
In the absence of a will (intestate estate), estate is distributed equally among forced heirs. The portion reserved for forced heirs in a will is reduced to 50%. In the absence of a will, estate is still distributed equally among forced heirs.
In inheritances where there are no children, but either one or both parents of the deceased are alive, then the parents are forced heirs. If there is a will, the forced heirs are entitled, in equal proportions, to one-half of the Puerto Rico Estate (the "legitimate portion").
This means that if someone dies owning property in Puerto Rico, in order to transfer that property to another person, you must go to court to get the permission to transfer and register the property to the new person. This is what is commonly known in the U.S. as probating an estate.