Over a decade ago, Puerto Rico faced economic instability and sought innovative solutions to stimulate investment and economic activity. One of the key measures introduced was the Research & Development (R&D) tax credit under the Puerto Rico Incentives Code which offers up to 50% back on qualifying R&D investments . This initiative aims to attract cutting-edge businesses and foster innovation while offering significant financial benefits
For example, consider a technology startup developing new software solutions in Puerto Rico. By investing $1 million in R&D activities, the company may qualify for a $500,000 tax credit. This not only reduces their immediate tax burden but also allows them to reinvest those savings into hiring skilled talent, upgrading equipment, or expanding research capabilities. Over time, leveraging these credits can improve a company’s cash flow, making Puerto Rico an increasingly attractive base for innovation-driven enterprises.
What Does the Tax Credit Entail?
Under Section 3030.01 of the Puerto Rico Incentives Code, eligible businesses holding a decree can receive a tax credit for up to 50% of their qualifying R&D investments. However, due to limited annual funding, businesses must apply for approval from the Department of Economic Development and Commerce (DEDC).
- The credit can be claimed in multiple installments: 50% in the year the investment is made, with the remaining balance available in future years until exhausted.
- The credit applies only to non-delinquent income tax returns.
- Businesses must reinvest an amount equal to the credit received into R&D activities in Puerto Rico.
- The credit does not generate refunds and cannot be combined with other special deductions for the same investment.
- It is not available to businesses claiming deductions under Prior Incentives Laws.
What Qualifies as a Special Eligible Investment?
A Special Eligible Investment includes cash investments made by an exempt business in R&D activities conducted in Puerto Rico. These investments can come from:
- The company’s own funds.
- Loans secured by the business or affiliated entities.
- Scholarships, grants, or agreements financed by U.S. government entities (excluding Puerto Rico government sources).
The DEDC, in collaboration with the Treasury and Agriculture Departments, determines which costs qualify under the Incentives Regulations.
Compliance & Certification Process
To claim the tax credit, businesses must obtain an annual eligibility certificate from the DEDC.
- Initial approval is required, and extensions are evaluated case-by-case.
- Certification requests must be submitted before the due date of the company’s tax return for the year in which the investment was made.
- A Certified Public Accountant (CPA) licensed in Puerto Rico must prepare an Agreed Upon Procedures document verifying the investment details.
Why This Matters for Your Business
The R&D tax credit presents a strategic opportunity for businesses to:
- Reduce tax liability while fostering innovation and growth.
- Strengthen Puerto Rico’s economy by reinvesting in high-value research.
- Attract additional funding from grants and investment partners who prioritize tax-efficient business structures.
Leveraging this incentive can significantly enhance financial planning and operational efficiency, making Puerto Rico an attractive hub for research-driven enterprises. If your business engages in R&D, now is the time to explore how Act 60 can optimize your tax position while driving innovation forward.
For further guidance on navigating Act 60 incentives, feel free to reach out to our firm.