Puerto Rico Eliminates 5 Employee Requirement

Puerto Rico has opened up its Act 20 program by eliminating the 5 employee requirement. Any US citizen can now move to Puerto Rico, set up a business under Act 20, and pay only 4% in corporate tax. By eliminating the 5 employee requirement for Act 20 businesses, Puerto Rico has opened the floodgates.

Note that this article on Puerto Rico eliminating the 5 employee requirement is based on a law change signed on July 11, 2017. For a detailed review of all the modifications, see Changes to Puerto Rico’s Act 20 and Act 22.

First, a quick review of Puerto Rico’s Act 20.  

If you move you and your business to Puerto Rico, you can exchange your US tax rate of 40% (including your state) for Puerto Rico’s Act 20 rate of 4%. To qualify, you must be moving a service business to the territory. One that can provide a service from Puerto Rico to persons and companies outside of Puerto Rico.

You’ll pay 4% tax on corporate profits earned on income generated from work done in Puerto Rico. That is to say, you pay 4% on Puerto Rico sourced income… on the earnings and profits from work performed in Puerto Rico.

4% is your corporate tax rate payable on net business income. Net income is after you pay yourself a reasonable salary. Most pay themselves $50,000 to $100,000, which is taxed at ordinary rates by Puerto Rico (not the United States). 

For this reason, Puerto Rico’s Act 20 is best for those earning $250,000 or more. If you’re netting $100,000 or less, you can use the Foreign Earned Income Exclusion to pay zero tax on your business income. The bottom line is that, the more you earn the more you save with Puerto Rico’s Act 20. For more, see Panama vs. Puerto Rico.

In order to qualify for Puerto Rico’s Act 20, you must spend 183 days a year on the island and become a resident. Moving to Puerto Rico is much easier than the FEIE which requires you spend 330 out of 365 days a year offshore, at least in the first year.

Puerto Rico Eliminates 5 Employee Requirement

When Puerto Rico’s Act 20 was first passed in 2012, it required a minimum of 3 employees. Then, in December of 2015, the minimum number of employees was increased from 3 to 5. As of July 2017, there is no employee requirement.

Remember that only Puerto Rico sourced income qualifies for the Act 20 4% tax rate. Puerto Rico sourced income is earnings and profits from work performed in Puerto Rico. Therefore, all Act 20 companies must have at least 1 employee… someone must be doing the work and generating the profits. This employee can be the business owner. 

Eliminating the 5 employee requirement opens the doors of Puerto Rico to any portable business. Even a one man affiliate marketer, or a one woman online publisher / SEO maven, can set up in PR and cut his or her taxes from 40% to 4% overnight. Grab your laptop and get your rear to Puerto Rico immediately!

New Risks of Act 20 in 2017

I should point out that eliminating the 5 employee requirement for Puerto Rico’s Act 20 can lead to abuse. Someone will try to work from the US and hire a secretary in Puerto Rico for $10 an hour as his 1 employee.

His Act 20 company might be approved, but he’ll get crushed by the IRS if and when he’s audited Again, for the third time, Puerto Rico sourced income is earnings and profits from work done in Puerto Rico. Likewise, US source income is earnings and profits from work performed in the United States.

In the above hypothetical, 99% of the effort to create the income will be done in the US with a very small amount attributable to the employee in Puerto Rico. The IRS is sure to look at these arrangements very closely and assess all kinds of interest and penalties.

Remember that, when you move to Puerto Rico, you must follow the tax laws of Puerto Rico and the United States.

For this reason, I suggest any business owner with less than 5 employees in Puerto Rico must move to the island. You should spend 183 days in the Territory and become the employee of your Puerto Rico Act 20 company.

If you move you and your business to Puerto Rico, it’s fine if you’re the only employee. If all work is done by you, a resident of Puerto Rico, all income is Act 20 eligible. If you live in the United States, and operate a division in Puerto Rico, a much more in depth analysis must be undertaken.

Getting Money Out of Puerto Rico Act 20 Company

Dividends from a Puerto Rico Act 20 company are tax free when paid to a PR resident. This means you’ll pay zero tax on these distributions. You’ll pay ordinary rates on your salary, 4% on your corporate profits, and zero on dividends from your Act 20 company.

And we’re not talking about tax deferral here. Puerto Rico’s Act 20 gets you tax free distributions. You’ll never pay US tax on this income. Even when you shut down the business and move back to the US, you pay zero to Uncle Sam.

Conclusion

I hope you’ve found this article on how Puerto Rico opened up its Act 20 program by eliminating the 5 employee requirement to be helpful. For more information on setting up a business in Puerto Rico, please contact me at info@premieroffshore.com or call us at (619) 483-1708.