New Extension of Deadlines by the Department of the Treasury ("the Hacienda") in Puerto Rico
ENGLISH TRANSLATION BY GOOGLE
October 19, 2017
INFORMATIVE BULLETIN OF INTERNAL INCOME NO. 17-25
ATTENTION: TO ALL TAXPAYERS
SUBJECT: POSTPONEMENT OF THE LIMIT DATES TO FOLD AND PAY CONTRIBUTIONS ADMINISTERED BY THE DEPARTMENT OF HACIENDA, IN THE ROOT OF THE STEP OF THE HURRICANES IRMA AND MARÍA IN PUERTO RICO
On September 27, 2017 the Department of the Treasury ("Department") issued the Internal Revenue Information Bulletin No. 17-21 ("BI RI 17-21") for the purpose of postpone the deadline for the filing of certain forms, declarations and payment of certain contributions that expire during the months of September and October 2017. This, as a result of Hurricane Maria passing through Puerto Rico.
Hurricane Maria has been the most devastating atmospheric phenomenon in the past eighties (80) years, both for local infrastructure and for property and property of citizens. In view of this situation, the primary objective of the Department has been to take prudent and necessary measures to assist taxpayers to achieve a effective tax administration before the effects of Hurricane Maria in Puerto Rico.
Based on the foregoing, the Department issues this Informative Bulletin with the purpose of notify the new due dates of the returns and payments of certain contributions.
I. PLANS AND PAYMENTS OF CONTRIBUTIONS
A. Taxpayers who are not large taxpayers
The following due dates will be applicable to all those taxpayers who are not Large Taxpayers, according to that term is defined in Section 1010.01 (a) (35) of the Internal Revenue Code of Puerto Rico of 2011, as amended ("Code"):
1. The Monthly Tax Return on Imports (Form SC 2915 D) corresponding to the months of August, September and October 2017, automatically postponed to Monday, December 11, 2017. That is, the Monthly Tax Returns for the months of August, September, October and November will expire on Monday, December 11, 2017. Internal Revenue Information Bulletin No. 17-25 October 19, 2017
2. The Monthly Return on Sales and Use Tax ("IVU") (Form SC 2915) for the months of August, September and October 2017, it is postponed automatically to Wednesday, December 20, 2017. That is, the Returns Monthly IVU for the months of August, September, October and November will expire on Wednesday, December 20, 2017.
3. Any withholding deposit at the source of the contribution in the case of wages, as provided in Section 1062.01 of the Code, corresponding to the months September and October of the year 2017 is automatically postponed to Wednesday November 15, 2017, including deposits for employers who must comply with the rule of biweekly deposits.
4. Any withholding deposit at source about payments for services rendered, as provided in Section 1062.03 of the Code, corresponding to the months September and October of the year 2017 is automatically postponed to Friday, 10 November, 2017
5. Payment of the second installment of the tax on income of individuals determined in the return filed for the 2016 tax year, whose date of expiration was Monday, October 16, 2017 and that had been postponed through BI RI 17-21 to Monday 6 November 2017, it automatically postponed to Monday, January 15, 2018.
6. The Quarterly Employer Income Tax Withholding Form, (Form 499-R-1B) corresponding to the third quarter of 2017, whose expiration date is Tuesday, October 31, 2017 automatically postponed to Wednesday, January 31, 2018. That is, Forms 499-R-1B corresponding to third and fourth quarter of 2017, must be filed electronically no later than Wednesday, January 31, 2018, along with the filing of the withholding vouchers for the year 2017.
7. The Monthly Income Tax Return (Models SC 2225 and 2225 A) for the months of September and October 2017, is automatically postponed to Monday, 11 December 2017. In other words, the Monthly Income Tax Returns for the months of September, October and November will expire on Monday, December 11, 2017.
8. In the case of taxpayers whose annual accounting period is based on year, the payment of the third installment of the estimated tax is postponed until on Friday, December 15, 2017. In the case of taxpayers who are not individuals, the third and fourth installment of the estimated contribution of the year 2017 They must be deposited no later than Friday, December 15, 2017.
9. Other payments or deposits of contributions, not included in paragraphs 1 to 8 previous ones, whose expiration dates are during the months of September and October are postponed until Friday, December 15, 2017.
It should be noted that, regardless of the postponement indicated in this Part I-A, those merchants who wish to file the IVU Monthly Return (Form SC 2915) or pay the IVU according to the corresponding deadline, may do so at any time through the Internet page of the Unified Internal Revenue System ("SURI"): https://suri.hacienda.pr.gov
B. Large Taxpayers
In the case of Large Taxpayers, the following dates of filing will apply related to returns statements and payments whose due dates are during The months of September and October 2017 will be the following:
1. All transactions carried out through SURI in relation to the SUT, including but not limited to the filing and payment of: (i) the Monthly Tax Return on Imports (Model SC 2915 D), (ii) the Monthly IVU Return (Model SC 2915), and (iii) payment of the SUT in biweekly installments, pursuant to Section 4042.03 (a) (2) of the Code, whose expiration dates were during the months September and October 2017, are postponed for a period of 7 days calendar, as established in BI RI 17-21. This postponement of 7 days calendar is in addition to the postponements already established in CC RI 17-13, BI RI 17-17 and BI RI 17-18.
As an example, the IVU Monthly Return for the month of August whose date expiration date was September 20, 2017, it was postponed until 4 October 2017. In the case of the Monthly IVU Worksheet for the month of September, whose expiration date is October 20, 2017, it was left postponed until October 27, 2017.
2. According to the provisions of BI RI 17-21, the arbitration payments on the acquisition of certain personal property and services pursuant to Section 3070.01 of the Code, corresponding to the months of August and September of 2017, are postponed until on Friday, October 6, 2017 and until Friday, October 20, 2017, respectively.
3. According to the provisions of BI RI 17-21, the Monthly Income Tax Return (SC Models) 2225 and 2225 A) for the month of August, whose due date was 10 September 2017, was postponed until October 8, 2017. In turn, the Monthly Income Tax Return for the month of September, whose due date It was on October 10, 2017, it was postponed until October 30, 2017.
4. The Quarterly Employer Income Tax Withholding Form, (Form 499-R-1B) corresponding to the third quarter of 2017, whose expiration date is Tuesday, October 31, 2017 automatically postponed to Wednesday, January 31, 2018. That is, Forms 499-R-1B corresponding to third and fourth quarter of 2017, must be filed electronically no later than Tuesday, January 31, 2018, along with the filing of the withholding vouchers for the year 2017.
5. Any withholding deposit at the source of the contribution in the case of wages, as provided in Section 1062.01 of the Code, corresponding to the months September and October of the year 2017 is automatically postponed to Wednesday, November 15, 2017, including deposits for employers who must comply with the rule of biweekly deposits.
6. Any withholding deposit at source on payments for services rendered, Internal Revenue Information Bulletin No. 17-25 October 19, 2017 Page 4 of 8 as provided in Section 1062.03 of the Code, and corresponding to the months of September and October of the year 2017 is automatically postponed to Friday, November 10, 2017.
7. In the case of taxpayers whose annual accounting period is based on year, the payment of the third installment of the estimated tax is postponed until on October 31, 2017.
8. Other payments or deposits of contributions not included in paragraphs 1 to 7 previous ones, whose expiration dates are during the months of September and October are postponed until November 15, 2017.
For the convenience of the Large Taxpayers, the Department has established a temporary collection in the facilities of the company Evertec on the road # 176, kilometer 1.3 Cupey Bajo, Río Piedras Puerto Rico to receive the payments of the contributions that the Department administers. In addition, the Department has the disposal of the Large Taxpayers, the necessary equipment so that they can carry out the transactions electronically, visiting the temporary collection located in Evertec.
In addition, the Department informs that Income Tax Returns, including Information Sheets on Income of Entities Conduits, whose expiration date, including extensions, whether during the months of September, October, November or December 2017, are postponed to Monday, January 15, 2018. However, any The balance of the contribution due with said return must be paid to the Department in the date established in Parts IA subsection 9 and IB subsection 8, applicable to taxpayers who Do not be Large Taxpayers and Large Taxpayers, respectively.
II. INFORMATION REQUIREMENTS BY THE DEPARTMENT
All information requirements made by the Department for regular audits and for correspondence audits, under Circular Letter of Internal Revenue No. 17- 12, is suspended until further notice.
Once the audit processes are re-established, the Department will issue a new communication indicating the date, manner and manner in which taxpayers must submit the information required by the Department.
III. INFORMATION REQUIREMENT THROUGH THE SC 6048 MODEL
The period to submit the documents requested in the Model SC 6048, Application for Information on Tax Credits Reported in Form 480.71, postponed until Friday, December 15, 2017, regardless of the due dates established in the notification, in Administrative Determinations No. 17-10 and 17-11 and in BI RI 17-21. This postponement will not apply to notifications (Model SC 6048) issued on a date after the date of this newsletter.
IV. OTHER APPLICATIONS AND ELECTIONS:
The Department will grant the taxpayers until Wednesday, January 31, 2018 to submit any application for tax treatment including, but without limited to:
1. Notification or election of classification of Company or Company of Limited Liability (Model SC 6045) whose expiration date is between the period from September 5 to December 31, 2017. It should be noted that those taxpayers who were obliged to file the Model SC 6045 prior As of September 5, 2017, they do not qualify for the additional time granted in this communication.;
2. Election for Corporation of Individuals (Model SC 2640) whose date of maturity is between the period of September 5 to December 31, 2017. It should be noted that those taxpayers who were obliged to file the Model SC 2640 prior to September 5, 2017 does not qualify for the time additional granted in this communication;
3. Request for the exclusion of certain expenses incurred or paid to a person related for purposes of the limitation on the deduction of such expenses as provided in Section 1033.17 (a) (17) (D) of the Code and CC 13-23, whose date of filing expired during the period of September 5 and the 31 of December 2017;
4. Request for Administrative Determination ("Ruling"), whose filing date expired during the period of September 5 and December 31, 2017;
5. Request to change the taxable year, whose date of filing expired during the period of September 5 and December 31, 2017;
6. Request to change the accounting method, whose date of filing expired during the period of September 5 and December 31, 2017; Y
7. Relic Flow Schedules, whose original expiration dates, including extensions, be between the period of September 5, 2017 and January 31, 2018
8. Contribution Worksheets on Donations whose due dates are between the period of September 18, 2017 and January 31, 2018. In addition,
Supplemental Information pursuant to Section 1061.15 (b) of the Code, whose Expiration date is during the months of September, October, November and December of 2017, it is postponed until Wednesday, February 28, 2018.
V. RENEWAL OF REGISTRY NUMBER OF SPECIALISTS OF REIMBURSEMENT FLAGS, DECLARATIONS OR CLAIMS
The Department extends the closing date of the renewal process of the Internal Revenue Information Bulletin No. 17-25 October 19, 2017 Page 6 of 8 Specialist registration until Wednesday, January 31, 2018. In these cases, all specialist who files, on or before January 31, 2018, the Application to Renew the Registration as a Specialist in Returns, Declarations or Claims for Reimbursement, Model Form SC 2887.1, together with the required documentation, will be considered as settled on time and will not be subject to additional charges.
VI. RENEWAL OF THE MERCHANT REGISTER CERTIFICATE, REVINDER CERTIFICATE AND PLANT CERTIFICATE MANUFACTURER FOR IVU
The Department extends the validity of all (i) Merchants' Registration Certificate issued in accordance with the provisions of Section 4060.01 of the Code; (ii) Certificate of Exemption to Manufacturing Plants, issued under Section 4030.02 of the Code; and (iii) Reseller and Municipal Exemption Certificate (Form SC 2963), issued in accordance with the provisions of Section 4050.04 (c) of the Code, whose date of expiration be between September 5, 2017 and January 31, 2018 until the 31st of January 2018.
Once the extension period granted in this Informative Bulletin has ended, the merchant must have completed the renewal of his Certificate in order to continue to benefit from them in the transactions of purchase of goods for the resale made as of February 1, 2018.
VII. TRADE AND TRADE TRAFFICERS
The Department also informs that those Affiliated Traders, as defined by Section 4042.03 (b) (3) of the Code and Importers or Underwriters, according to defined under Subtitle C of the Code, which as of September 1, 2017 have been in compliance with all the requirements of the Code and its regulations, and whose bail cover be the winner during the period beginning September 1, 2017 and ended 31 January 2018, may continue to enjoy their Merchant classification Affiliated, Importers or Consolidated Dealers, as applicable, during said period without the need to renew your bond.
In addition, the Department will impose a moratorium on the provisions of the Section 4042.03 (b) (3) of the Code until January 31, 2018. Therefore, every merchant If you wish to be considered a Trusted Merchant, you may do so from the 1st February 2017. This moratorium will also apply to new applications to be considered Importers or Consolidated Traders. The Department reserves the faculty to end this moratorium to the extent that the facts and circumstances allow it.
VIII. QUARTERLY REPORTS (IVU) REQUIRED BY LAW 25-2017
The Department has waived the required Quarterly Report to all merchants considered a Non-Withholding Agent of IVU as provided by Section 4020.08 (e) of the Code ("Non-Withholding Agent") for the quarter ended September 30, 2017, whose date of filing expires on October 31, 2017.
Retainer will be required to file a Quarterly Report in accordance with Section 4041.03 (b) (1) (B) of the Code for that period. However, for the quarter started As of October 1, 2017, all Non-Withholding Agents will be obligated to comply with the provisions of Section 4041.03 (b) (1) (B) of the Code. Any Non-Withholding Agent interested in voluntarily collecting the SUT in its sales to persons in Puerto Rico may submit a final agreement request to the following address email: act25@hacienda.pr.gov.
IX. CREDIT FORM FOR PEOPLE 65 YEARS OR OLDER AND CREDIT COMPENSATORY FOR LOW RESOURCE PENSIONERS
In turn, the filing date of Form 481.1 Credit Worksheet for Persons of 65 Years or more and Compensatory Credit for Low Income Pensioners whose date of original expiration date was October 14, 2017 has been postponed until December 31, January 2018.
X. LICENSE RIGHTS
The Department reiterates the extension of the validity of the license rights, whose date limit to submit the corresponding payment for the renewal of the same be during the months of September or October of 2017. That is to say, all license rights whose date limit for renewal either in the months of September or October 2017 are considered valid for an additional term of sixty (60) days counted from the deadline applicable, as provided by BI RI 17-21. Therefore, they will not be subject to the process of renewal of the license rights for the duration indicated above. However, once the provisional term expires, all rights holders of the license must perform the corresponding procedures for the renewal of the same, including, but not limited to, the corresponding payment. After having completed the corresponding renewal process, said licenses will have retroactive effect to the original expiration date, which will be granted by the Department based on the last digit of the social security number or employer identification number of the taxpayer, as provided by the Code.
Finally, any person who has submitted an application for licensing rights that has completed and has not yet received a response from the Department, may request Free of charge a provisional license of sixty (60) days through email: infosac@hacienda.pr.gov. The request must be sent together with the evidence of having timely submission of the required documents to the Department as part of the original request. Once the application has been submitted as indicated, the Department will send written communication by means of said electronic mail informing its determination.
The Department clarifies that the granting of the provisional term will not have the effect of impairing the power of the Secretary in accordance with the provisions of Section 3050.02 (a) (5) of the Code, to revoke or authorize the renewal of any license issued.
XI. ADDITIONAL PROCEDURES BEFORE THE DEPARTMENT
Any other document, requirement, payment, or procedure in the Department that has not been expressly served by this Informative Bulletin, whose expiration date is after September 5, 2017, is automatically extended until January 31 of 2018.
XII. NO APPLICABILITY OF PENALTIES, FINES, INTERESTS AND RECHARGES
The Department clarifies the non-applicability of penalties, fines, interest or surcharges to Those taxpayers that comply with the deadlines established in this bulletin informative. In case the information systems of the Department have imposed by mistake any penalty, fine, interest or surcharge in contravention with what is established here, the Department will be correcting this error in its information systems once stabilize your operations. Those taxpayers who receive any notification of the imposition of fines, interest, surcharges or penalties assessed despite having complied with the new dates limits established here and whose erroneous imposition has not been corrected motus proprio by the Department within a reasonable period of time after our operations, shall notify the imposition of said fines, interest, surcharges and penalties to the Taxpayer Services Center so that they can be eliminated.
XIII. VALIDITY
The provisions of this Informative Bulletin have immediate effect.
For additional information related to the provisions of this Newsletter, you can send an email to: infosac@hacienda.pr.gov.
Cordially,
Francisco Parés Alicea
Assistant Secretary
Internal Revenue Area