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Puerto Rico Issues Requirements For special 7% Sales and Use Tax Rate for Prepared Foods

Puerto Rico's Treasury Department has issued Administrative Determination No. 19-03 of 2 August 2019, which sets out the requirements for the special 7% sales and use tax (IVU) rate for prepared foods introduced as part of Puerto Rico's tax reform approved in December 2018. The Administrative Determination includes that the 7% rate will apply from 1 October for qualified merchants that have obtained certification. To obtain certification, the following conditions must be met:

  • The merchant must have a Merchants Registration Certificate including at least one of the following NAICS codes:
    • 72231 - Food Services by Contract
    • 72232 - Event Food Services
    • 72233 - Mobile Food Services
    • 72241 - Bars and Canteens
    • 72251 - Restaurants and Other Places of Eating
  • The merchant must be up to date on all of its IVU return and declaration compliance obligations;
  • The merchant must not have any outstanding tax payment obligations of any kind; and
  • The merchant must be in compliance with the requirement to install, own, and maintain a fiscal terminal at all points of sale.

Merchants meeting all required conditions will be able to obtain a certificate for the reduced 7% rate on 23 September 2019 and may apply the reduced rate from 1 October 2019 at all commercial locations for which a certificate was issued.

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