Non-deductible expenses

Puerto Rico

Non-deductible expenses

Law 40 of 2013, the Tax Burden Redistribution and Adjustment Act (Ley de redistribución y ajuste de la carga contributiva), amended section 1033.17(a) of the Tax Code 2011 by disallowing various deductions. The following are now regarded as non-deductible expenses:

expenses related to the use, maintenance and depreciation of residential property located outside Puerto Rico;

expenses related to the ownership, use, maintenance and depreciation of automobiles (with exceptions);

a percentage of the following payments made abroad if such expenses are not subject to income tax in Puerto Rico (provided that such income is not exempt under a tax incentive act or any other law granting income tax exemptions):

-		51% of expenses incurred or paid to related legal entities located outside Puerto Rico. For the purposes of this rule, home offices are deemed related legal entities;
-		100% of expenses incurred or paid to a partner, member or shareholder that holds more than 50% of the interest in the company; and

gross recipients tax applicable as part of the tentative minimum tax (TMT) computation (further information regarding the TMT and the gross recipients tax will be provided subsequently).

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