Understanding the Impuesto a las Ventas y Uso (IVU)

Sales tax in Puerto Rico, known as the Impuesto a las Ventas y Uso (IVU) in Spanish, is an important aspect of the territory’s fiscal system. Whether you are a merchant, an individual, or a corporation conducting business in Puerto Rico, it is crucial to have a clear understanding of the sales tax regulations and exemptions to ensure compliance and avoid penalties. This article will provide you with up-to-date information on sales tax rates, recent changes, compliance requirements, penalties, exemptions, and the process for filing exemptions in Puerto Rico.

Sales Tax Rate

Puerto Rico has implemented several tax changes in recent years. In 2015, the general sales and use tax rate increased from 7% to 11.5%. Additionally, a 4% sales tax was applied to previously exempt business-to-business (B2B) transactions. The current sales and use tax rate in Puerto Rico is 10.5%. This rate is divided between the municipality where the sale took place, which receives 1%, and the government of Puerto Rico, which receives the remaining 10.5%.

Threshold

Similar to 45 American states, Puerto Rico has implemented regulations stating that businesses operating within its jurisdiction must register with the Ministry of Finance of Puerto Rico. These businesses are also required to collect and remit sales tax to Puerto Rico.

As of 2021, if your total gross sales in Puerto Rico exceed $100,000 or if you conduct at least 200 transactions during your accounting year, you establish an economic nexus. Remote sellers who lack a physical presence in Puerto Rico are subject to an economic nexus threshold, requiring them to register and remit sales tax. This economic nexus threshold is set at $100,000 in annual sales or 200 separate sales transactions, whichever milestone your business reaches first.

Exemptions

Certain exemptions exist for sales and use tax in Puerto Rico. For example, raw materials and machinery/equipment used in the manufacturing process are exempt. Equipment and items temporarily introduced into Puerto Rico for film production, construction, trade shows, and seminars are also exempt, provided they are exported. Documentation requirements apply to qualify for these exemptions. Resellers and manufacturers must request a Certificate of Exemption from the Puerto Rico Treasury Department Secretary.

Compliance

Sales and use tax compliance in Puerto Rico can be challenging due to the various tax changes and considerations. Merchants engaged in any business in Puerto Rico must register with the Puerto Rico Treasury Department through the Unified System of Internal Revenues (SURI) website. Failure to register on time may result in fines. Merchants and individuals who have purchased taxable items or imported goods must file monthly tax returns through SURI.

Penalties for Non-Compliance

Penalties for failing to comply with sales tax regulations in Puerto Rico can vary depending on the specific violation. Here are some penalties that may apply:

• Failure to Register: Merchants engaged in any business in Puerto Rico are required to register with the Puerto Rico Treasury Department through the Unified System of Internal Revenues (SURI) website. Failure to register on time may result in the assessment of a fine of $10,000.
• Non-compliance with Notice and Reporting Requirements: Failure to comply with Puerto Rico’s Notice and Reporting Requirements can result in penalties. The penalty for each transaction not complying with these requirements is $100.
• Failure to File Quarterly Report: If a merchant fails to file a quarterly report as required, they may face a penalty of $5,000 for each failure to file.
• Failure to File Annual Report: Failure to file the annual report as required can result in a penalty of $500 for each failure to file.
• Failure to Remit Sales and Use Tax: If a person fails to remit the sales and use tax in the time and manner established, they may be subject to a penalty of not less than 25% nor greater than 50% of the insufficiency. For repeat offenses, the penalty can be 100% of the amount of the insufficiency.
• Exemption from Penalties: The Secretary of the Puerto Rico Treasury Department has the authority to exempt a person from the penalties if they can demonstrate that the noncompliance was due to circumstances beyond their control. However, the lack of funds of the merchant is not considered a circumstance beyond their control.

How We Can Help

Understanding and complying with sales tax regulations in Puerto Rico is crucial for businesses operating in the territory. Navigating exemptions, thresholds, compliance requirements, and potential penalties can be complex and time-consuming.

That’s where Sales Tax DataLINK comes in to offer invaluable assistance. Our expertise in tax compliance and automation solutions can streamline your sales tax management process, ensuring accurate tracking of exemptions, timely filing, and minimizing the risk of penalties. With Sales Tax DataLINK as your trusted partner, you can focus on your core business operations while having peace of mind that your sales tax obligations in Puerto Rico are being handled efficiently and effectively. Don’t let the complexities of sales tax hinder your business growth—let Sales Tax DataLINK simplify the process and help you stay compliant in Puerto Rico’s ever-changing tax landscape.