On March 20, 2020, we issued a Client Alert providing details about new deadlines announced by the Puerto Rico Treasury Department ("PRTD") in Administrative Determination 20-05 ("AD 20-05") due to the effects of the Coronavirus (COVID-19) pandemic. On March 24, 2020, the PRTD then issued Administrative Determination 20-09 ("AD 20-09") repealing AD 20-03 and AD 20-05 and providing that NO interest
s, surcharges or penalties will be assessed for a taxpayer's failure to properly or timely file tax returns and related payments provided they are filed on or before the following NEW EXTENDED DEADLINES:
I. SALES AND USE TAX ("SUT")
A. SUT Monthly Returns (Form SC 2915) - Deadline for filing return and related payment corresponding to the following periods are extended as follows:
a. February 2020 - until April 20, 2020
b. March 2020 - until May 20, 2020
c. April 2020 - until June 22, 2020
d. May 2020 - until July 20, 2020
B. Use Tax on Imports Monthly Return (Form SC 2915D) - Deadline for filing return and related payment corresponding to the following periods are extended as follows:
a. March 2020 - until May 10, 2020
b. April 2020 - until June 10, 2020
c. May 2020 - until July 10, 2020
C. SUT semi-monthly payments - the PRTD will not impose penalties for non-compliance with SUT semi-monthly payments, provided that the total SUT amount due for such month is paid with the corresponding SUT monthly return.
II. INCOME TAXES
A. Returns with an original due date or with a properly filed "Extension to File Request" that has a deadline included herein will have the following extended filing deadlines (including related payment):
a.
March 15, 2020 - extended until
June 15, 2020
b.
April 15, 2020 - extended until
July 15, 2020
c.
May 15 or June 15, 2020 - extended until
July 15, 2020
B. Any new "Extension to File Request" will be deemed timely filed provided they are filed through the electronic Internal Revenue Unified System ("SURI" " by its Spanish acronym) no later than the extended deadlines mentioned on Part II(A) above.
III. 2019 INFORMATIVE RETURNS
The deadline to file the Informative Returns corresponding to tax year 2019 is further extended until May 15, 2020, without penalties, provided they are properly filed through SURI.
IV. OTHER TYPES OF TAXES (NOT INCLUDING: INCOME TAX, SUT, EXCISE TAX, ALCOHOLIC BEVERAGES TAX, EXCISE TAX IMPOSED ON CERTAIN FOREIGN CORPORATIONS UNDER ACT 154-2010, AND INFORMATIVE RETURNS)
A. For the returns, declarations, forms, transactions and payments for any other type of tax (not including income tax, SUT, excise tax, alcoholic beverages tax, excise tax pursuant to Act 154-2010, or informative returns), the PRTD will not impose interests, surcharges or penalties, provided they are filed and payment remitted during the following extended deadlines:
a. If the original deadline was during March or April 2020 - the extended deadline will be until the same day of the month of June 2020.
b.
If the original deadline was during
May or June 2020
- the extended deadline will be until the same day of the month of
July 2020
.
V. EXCISE TAX, ALCOHOLIC BEVERAGES TAX, AND EXCISE TAX ON CERTAIN FOREIGN CORPORATIONS UNDER ACT 154-2010
A. NO extensions apply to ANY return or payments corresponding to these types of taxes. They must continue complying with the deadlines imposed by the Puerto Rico Internal Revenue Code of 2011 and other applicable laws.
VI. BONDS POSTED BEFORE THE PRTD
A. All Bonds posted before the PRTD with an expiration date between March 15 and April 30, 2020 will be automatically extended until May 31, 2020.
VII. INTERNAL REVENUE LICENSES
A. All Internal Revenue Licenses issued by the PRTD with an expiration date between March 15 and April 30, 2020 will be automatically extended until May 31, 2020.
Failure to properly or timely file tax returns and payments on or before these extended deadlines will result in the imposition of interest, fines, and penalties.
Do not hesitate to contact us should you need assistance in tailoring your business's response to this crisis. Our Firm will continue to remain available to all our clients. Our attorneys are monitoring actions by the Federal Government, the Commonwealth of Puerto Rico, and local municipalities as additional measures are put into place to mitigate and lessen the extent of this crisis. At Goldman Antonetti & Cordova LLC, we look forward to provide you client-focused assistance on how to respond to current events to minimize negative effects on your business.
