Puerto Rico Deductions from Royalty

State:
Multi-State
Control #:
US-OG-787
Format:
Word; 
Rich Text
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Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

Once you live in Puerto Rico, your passive income is now ?Puerto Rico source income,? and Section 933 of the Internal Revenue Code says you don't have to pay federal taxes on Puerto Rico source income. Act 60 says you don't have to pay Puerto Rico taxes on passive income.

Generally, taxpayers that elect to be subject to the 10.5% rate or the automatically triggered 15% income tax rate must continue applying a 12% withholding tax to royalties paid to corporations, partnerships, or nonresident persons that are not engaged in a trade or business in Puerto Rico for the use, or right to use, ...

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.

Qualifying businesses, foreign or local, with an office in Puerto Rico get a 4% fixed income tax rate under Act 20 for exporting services. Under Act 22, the most controversial of the two, individual investors looking to benefit from the tax breaks must not have lived in Puerto Rico between 2006 and 2012.

Charitable contributions will be allowed as a deduction to the extent they are made to charitable organisations qualified by the Secretary and provide services to residents of Puerto Rico. The contributions are subject to 50% of adjusted gross income (AGI).

What does this mean? It means that once the person becomes a resident individual investor of Puerto Rico unde Puerto Rico Incentives Code 60 ? and until 1/1/2036 ? any dividend or interest income is exempt from tax in Puerto Rico.

Bonds issued by the government of Puerto Rico and its subdivisions are exempt from federal, state, and local taxes (so called "triple tax exemption"). However, unlike other triple tax exempt bonds, Puerto Rican bonds uphold such exemption regardless of where the bond holder resides.

Any U.S. source income is still subject to U.S. taxes at the regular rate, but under the tax exemption decrees, Puerto Rico source income for an individual may be taxed at 0% for Federal and Puerto Rico purposes. Puerto Rico-sourced income may include interest and dividends from sources in Puerto Rico.

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Puerto Rico Deductions from Royalty