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Puerto Rico Issues VAT Implementation Plan

On 29 December 2015, Puerto Rico's Treasury Department issued Administrative Determination 15-26, which details a two-phased approach for the implementation of value added tax (VAT) in the country. A 10.5% VAT will replace Central Sales and Use tax (SUT) in Puerto Rico beginning 1 April 2016, although the 1% Municipal SUT will continue to apply.

From 1 April 2016 (phase one):

  • Supplies subject to 10.5% Central SUT will be subject to 10.5% VAT;
  • Supplies of services (B2B and certain professional services) subject to 4% SUT will be subject to 10.5% VAT;
  • Input credit for VAT paid will be available;
  • Fiscal statements and debit and credit notes will be accepted through a manual or alternate method; and
  • A new electronic platform will be implemented for VAT purposes.

From 1 June 2016 (phase two):

  • Refunds for excess VAT paid will be available; and
  • SUT eligible reseller certificates will no longer be valid (other previously issued SUT certificates will be valid until VAT certificates are issued by Treasury).

In the event the Treasury Department is not ready for implementation, phase one may be delayed to 1 June 2015 as provided for under Act 72-2015, which is the legislation that includes the change to VAT (previous coverage).

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