20___ Government of Puerto Rico 20___ Electronic Filing Confirmation Number Form 480.60 EC DEPARTMENT OF THE TREASURY Rev. 01.21 INFORMATIVE RETURN - PASS-THROUGH ENTITY Control Number 1 PARTNERSHIP 2 SPECIAL PARTNERSHIP 3 CORPORATION OF INDIVIDUALS Partner's Distributable Share or Stockholder's Control No. of Original Informative Return Proportional Share on Income, Losses and Credits Taxable year beginning on __________ ,20____ and ending on __________ ,20____ Select the form with respect to which this Informative Return is prepared: 1 480.20(EC) 2 480.10(SC) 3 480.20(U) Name of Partner, Stockholder or Member Social Security or Employer Identification AMENDED No. of Partner, Stockholder or Member (Day_____ Month_____ Year_____) Address Entity's Name Entity's Employer Identification No. Type of Industry Address Part IINFORMATION OF THE PARTNER, STOCKHOLDER OR MEMBER A. 1. Managing Partner D. Share percentage on: K. Sworn Statement submitted by partner or stockholder 2. Limited Partner 1. Losses ( %) 2. Gains ( %) (Section 1062.05(a)(1)(A) or 1062.07(a)(1)(B) of the Code) Yes No 3. Unlimited Partner E. Portion of current debts from the Entity assumed by the L. Partner or stockholder made the election of B. TYPE: partners or stockholders. Section 1062.07(a)(1)(A) of the Code .................. Yes No 1. Individual 1. Secured: ________________________________ M. Indicate if the Entity was granted an exemption under the following acts: 2. Trust 2. Unsecured: _______________________________ 1. Act No. 52 of 1983 10. Act 83-2010 3. Estate F. Debts attributable to partners of the Partnership or SpecialFOR 2. Act No. 47 of 1987 11. Act 132-2010 Partnership under Act 78-1993 and Act No. 52 of 1983. 3. Act 78-1993 12. Act 27-2011 4. Partnership Secured: ________________________________ 4. Act 225-1995 13. Act 20-2012 5. Special Partnership G. Entity's merchant registration number: 5. Act 165-1996 14. Act 14-2017 6. Corporation _____________________________ 6. Act 135-1997 Decree No. ______________ C. STATUS: H. Subject to Act 154-2010 (Applies only to partnerships) Yes No 7. Act 362-1999 15. Act 60-2019 1. Resident I. Indicate if an Investor Special Partnership...... Yes No 8. Act 73-2008 Section ______________ 2. Nonresident INFORMATIONJ. Optional Tax Election 9. Act 74-2010 16. Other _____ (Section 1071.10 or 1115.15 of the Code) ...... Yes No FOR THE USE OF THE PARTNER, STOCKHOLDER OR MEMBER CHECK HEREÍ Election for the application of Section 1114.06(b) or 1115.04(c) of the Puerto Rico Internal Revenue Code of 2011, as amended. (Option to treat certain items as ordinary income (or loss)). $_______________________ (See instructions) Part II PURPOSES ANALYSIS OF CAPITAL ACCOUNT OF THE PARTNER, STOCKHOLDERONLY.OR MEMBER (a) (b) (c) (d) (e) (f) Capital contributions Other increases to basis Partner's or stockholder's distributable Partner's or stockholder's debts Withdrawals and Other decreases to made during the year (Submit detail) share on the gain or loss of the Entity assumed and secured by the Entity distributions basis (See instructions) Part III DISTRIBUTABLE SHARE PER CATEGORY Amount Tax Withheld DO NOT USE FOR 1. Net long-term gain (or loss) on sale or exchange of capital assets (Schedule D Pass-Through Entity) ..................... (1) 00 2. Net short-term gain (or loss) on sale or exchange of capital assets (Schedule D Pass-Through Entity) ...................... (2) 00 3. Net gain (or loss) on sale or exchange of substantially all assets dedicated to an activity under Act 78-1993 (Schedule D Pass-Through Entity) ................................................................................................................ (3) 00 4. Net gain (or loss) on sale or exchange of property used in the business (Schedule D Pass-Through Entity) ..................... (4) 00 5. Net income (or loss) from the entity’s trade or business (See instructions) ...........................................................FILING. (5) 00 00 (a) Share of the net income attributable to services rendered by the partners or stockholders .. (5a) 00 (b) Remaining net income (or loss) (Subtract line 5(a) from line 5) .................................. (5b) 00 6. Net income (or loss) from partially exempt income (See instructions) ................................................................. (6) 00 00 7. Net income (or loss) from income subject to a preferential rate (See instructions) .................................................. (7) 00 00 8. Eligible distribution of dividends from corporations at 15% (See instructions) ....................................................... (8) 00 00 9. Distributions of dividends subject to ______% withholding (See instructions) ....................................................... (9) 00 00 10. Interest income from deposits in financial institutions subject to withholding (See instructions) ........................................ (10) 00 00 11. Interest income from deposits in financial institutions not subject to withholding (See intructions) ..................................... (11) 00 12. Other interests subject to withholding at the 10% rate (See instructions) .................................................................. (12) 00 00 13. Other interests subject to ______% withholding (See instructions) ...................................................................... (13) 00 00 14. Distributable share on gain from a partnership or special partnership owned by the entity (See instructions) .................... (14) 00 00 15. Distributable share on loss from a partnership or special partnership owned by the entity (See instructions) .................... (15) 00 00 16. Others .................................................................................................................................................... (16) 00 00 17. Exempt income (Schedule IE Pass-Through Entity) ......................................................................................... (17) 00 18. Exempt income subject to alternate basic tax (Schedule IE Pass-Through Entity) (See instructions) ......................... (18) 00 19. Adjustment for deductions not allowed for alternate basic tax and alternative minimum tax (See instructions) ............... (19) 00 20. Other adjustments for purposes of the alternate basic tax (See instructions) ............................................................... (20) 00 21. Other adjustments for purposes of the alternative minimum tax (See instructions) ....................................................... (21) 00 22. Charitable contributions (Applies only to partnerships) (See instructions) ............................................................... (22) 00 23. Volume of business (See instructions) ………………………………………………………………….……...............… (23) 00 (a) Gross income from services rendered ...............................………….....…........… (23a) 00 24. Gross income subject to the optional tax (Section 1071.10 or 1115.11 of the Code) (See instructions) .................…… (24) 00 00 25. Volume of business of subsidiary pass-through entities (See instructions)……………………............................…… (25) 00 (a) Gross income from services rendered ...……………………………...................…… (25a) 00 Retention Period: Ten (10) years |
Form 480.60 EC Rev. 01.21 Page 2 Part IV NONRESIDENT ALIENS PARTNERS OR STOCKHOLDERS Amount Tax Withheld 1. Distributable share on net income from the special partnership or corporation of individuals ............................................ (1) 00 00 Part V CREDITS (See instructions) A. CREDITS SUBJECT TO MORATORIUM 1. Credit attributable to losses or for investment in the Capital Investment, Tourism or other funds or direct investment (Schedules Q and Q1) .........(1) 00 2. Credit for investment in housing infrastructure (Act 98-2001, as amended) (See instructions) ........................................................................ (2) 00 3. Credit for investment in the acquisition, construction or rehabilitation of affordable rental housing to the elderly (Chapter 2 of Act 140-2001, as amended) (See instructions) ............................................................................................................................................................................ (3) 00 4. Credit for construction investment in urban centers (Act 212-2002, as amended) (See instructions) .............................................................. (4) 00 5. Credit for the establishment of an eligible conservation easement or donation of eligible land (Act 183-2001, as amended) (See instructions) ........ (5) 00 6. Credit for the purchase of tax credits (Complete Part VII) (See instructions) ………………………………………….…....................................... (6) 00 7. Other credits subject to moratorium not included on the preceding lines (Submit detail) .................................................................................... (7) 00 B. CREDITS NOT SUBJECT TO MORATORIUM 8. Credit for tax withheld at source from Industrial Development dividends (Act No. 8 of 1987) ........................................................................ (8) 00 9. Credit for investment in film industry development (Act 27-2011): 1 Film Project or 2 Infrastructure Project (See instructions) ..... (9) 00 10. Credit for the purchase or transmission of television programming made in P.R. (Section 1051.14) (See instructions) ...................................... (10) 00 11. Credit for contributions to former governors foundations (See instructions) ..............................……………............................................……. (11) 00 12. Credit for contributions to: 1 Santa Catalina's Palace Patronage 2 Patronage of the State Capitol of the Legislative Assembly (See instructions) ................................................................................................................................................................................... (12) 00 13. Credit for investment (Section 6 of Act 73-2008) ........................................................................……………………………………....…….. (13) 00 14. Credit for investment in opportunity zones (Act 60-2019) ………………...............................................................................………………….. (14) 00 15. Credit for the purchase of tax credits (Complete Part VII) (See instructions) ................................................................................................. (15) 00 16. Other credits not subject to moratorium not included on the preceding lines (See instructions) (Submit detail) ................................................... (16) 00 Part VI TAXES PAID TO FOREIGN COUNTRIES AND THE UNITED STATES, ITS STATES, TERRITORIES AND POSSESSIONS (See instructions) ForeignFORCountry, State,Territory or Possession of the United States A B C United States Total Name of the country, state, territory or possession .................. 1. Net income from sources within the country, state, territory or possession .................................................................. (1) 00 00 00 00 00 2. Tax paid during the year ................................................INFORMATION(2) 00 00 00 00 00 Part VII BREAKDOWN OF THE PURCHASE OF TAX CREDITS Check the box corresponding to the act (or acts) under which you acquired the credit and enter the amount: A. CREDITS SUBJECT TO MORATORIUM 1. Solid Waste Disposal (Act 159-2011) ...................................................................................................................................... (1) 00 2. Capital Investment Fund (Act 46-2000) ................................................................................................................................... (2) 00 3. PURPOSES ONLY.(3) 00 Housing Infrastructure (Act 98-2001) ..................................................................................................................................... 4. Construction or Rehabilitation of Rental Housing Projects for Low or Moderate Income Families or Investment in the Acquisition, Construction or Rehabilitation of Affordable Rental Housing to the Elderly (Act 140-2001) ................................................... (4) 00 5. Conservation Easement (Act 183-2001) ............................................................................................................................... (5) 00 6. Revitalization of Urban Centers (Act 212-2002) ....................................................................................................................... (6) 00 7. Other: _____________________________.....................................................................................................................DO NOT USE FOR(7) 00 8. Total credit for the purchase of tax credits subject to moratorium (Transfer to Part V, line 6) ........................................................ (8) 00 B. CREDITS NOT SUBJECT TO MORATORIUM 9. Tourism Development (Act 78-1993 and Act 74-2010) ............................................................................................................. (9) 00 10. Tourism Eligible Investment (Act 60-2019) .............................................................................................................................. (10) 00 11. Film Industry Development (Act 27-2011) ..............................................................................................................................FILING. (11) 00 12. Creative Industries (Act 60-2019) ......................................................................................................................................... (12) 00 13. Economic Incentives (Research and Development) (Section 5(c) of Act 73-2008) .............................................................. (13) 00 14. Economic Incentives (Industrial Investment) (Section 6 of Act 73-2008) ................................................................................ (14) 00 15. Green Energy Incentives (Research and Development) (Act 83-2010) ................................................................................ (15) 00 16. Research and Development Investment (Act 60-2019) ........................................................................................................... (16) 00 17. Opportunity Zones (Act 60-2019) ........................................................................................................................................... (17) 00 18. Other: _____________________________..................................................................................................................... (18) 00 19. Total credit for the purchase of tax credits not subject to moratorium (Transfer to Part V, line 15) ................................................. (19) 00 Part VIII DISTRIBUTABLE SHARE ON THE NET INCOME SUBJECT TO PREFERENTIAL RATES Tax Responsibility Net Income Tax Withheld 1. Schedule CI Pass-Through Entity (Taxed at _______%) ...............……..............………………………………..……… (1) 00 00 2. Schedule V Pass-Through Entity (Taxed at _______%) ...............……..............………………………………..……… (2) 00 00 3. Schedule W Pass-Through Entity (Taxed at _______%) …………………..................……………………………....… (3) 00 00 4. Schedule X Pass-Through Entity (Taxed at _______%) ……………………………………………….............…..……..… (4) 00 00 5. Schedule Y Pass-Through Entity (Taxed at _______%) ………………………………………………..........….………… (5) 00 00 6. Schedule Z Pass-Through Entity (Taxed at _______%) ………………………………………………………...............…… (6) 00 00 7. Schedule AA Pass-Through Entity (Taxed at _______%)…….....………………………………………............…..……. (7) 00 00 8. Total (Add lines 1 through 7. Transfer to Part III, line 7) ………………………......………………....................…… (8) 00 00 Retention Period: Ten (10) years |
Government of Puerto Rico Department of the Treasury INFORMATIVE RETURN – PASS-THROUGH ENTITY Rev. 04.22 PARTNER’S OR STOCKHOLDER’S DISTRIBUTABLE SHARE ON INCOME, LOSSES AND CREDITS FORM 480.60 EC INSTRUCTIONS The period of 6 months will be considered from the due date to file GENERAL INSTRUCTIONS the return. WHO MUST FILE THE INFORMATIVE RETURN – PASS- ESTIMATED TAX PAYMENT ON OWNERS' DISTRIBUTABLE THROUGH ENTITY SHARE Every partnership, special partnership, corporation of individuals, or Sections 1062.05, 1062.04 and 1062.07 of the Code provide the limited liability company (hereinafter "entity") that is required to file a requirements for the estimated income tax payments attributable to the Pass-Through Entity Informative Income Tax Return must provide stockholder's proportional share in a corporation of individuals, to the to each partner, stockholder or member (hereinafter "owner") a partner's distributable share on the income from a partnership or report containing the information required to be included on the special partnership and of a member of a limited liability company owner's income tax return. The information must be provided in Form subject to the provisions of Chapter 7 of the Code, respectively. 480.60 EC (Informative Return - Pass-Through Entity - Partner's or Stockholder's Distributable Share on Income, Losses and Credits). The managing owner or any other person in charge of providing the informative return to the owners, must determine and submit to the Each owner must submit this Informative Return with the income tax Department of the Treasury an amount equal to 30% of the total return. estimated owner's distributable share on the income items from a pass-through entity, less total withholdings on compensation For purposes of this return, the terms partnership and partner include payments received pursuant to judicial or extrajudicial proceedings a limited liability company and any of its members if they are subject and on payments for services rendered. to the provisions of Chapter 7 of Subtitle A of the Puerto Rico Internal Revenue Code of 2011, as amended (hereinafter "Code"). Such payments must be deposited with the Department of the Treasury in 4 equal installments, no later than the 15th day of the HOW TO FILE FORM 480.60 EC? fourth, sixth, ninth and twelfth month of the entity's tax year, and they Form 480.60 EC must be filed electronically through the taxpayer's must be made electronically through the SURI account. Pass-Through Entity account in the Internal Revenue Integrated System ("SURI"), available free of charge through the following link: For a partner that is a nonresident alien individual, foreign https://suri.hacienda.pr.gov. corporation or partnership not engaged in trade or business in Puerto Rico, the withholding amount is 29% of the distributable share on the For additional information related to the filing of the Pass-Through Entity net income of the special partnership. Informative Income Tax Return for taxable year 2020, refer to the Internal Revenue Circular Letter No. 21-07 of 8 March 2021 ("CC RI 21-07"). For a stockholder that is a nonresident alien individual, the withholding amount is 33% of the distributable share on the net income WHEN TO PROVIDE THE DECLARATION TO OWNERS? of the corporation of individuals. The entity has until the last day of the third month following the close Any balance not paid by the end of the entity's tax year, must be paid of its taxable year to provide the informative return filed electronically no later than the 15th day of the third month following the close of the to the owners. The informative returns must be provided to their tax year, electronically through the SURI account. owners by electronic means, subject to the provisions of the Internal Revenue Circular Letter No. 16-11. For additional information regarding the process to make the estimated payment of the owner's distributable share, please refer to Copy of the informative return must be sent to the the CC RI 21-07. Department of the Treasury together with the Pass-Through Entity Informative Income Tax Return (Form 480.20(EC)) on HOW MUST THE OWNERS REPORT THESE ITEMS ON THEIR the date of its filing. INCOME TAX RETURNS? REQUEST FOR EXTENSION OF TIME TO PROVIDE THE The owner must include each one of the items indicated in his income REPORT TO OWNERS tax return as if such items were realized directly by him, since the Code provides that the nature, source and character of the income, Any entity that has requested an automatic extension of time to file the gains, losses or credits items included in the owner's distributable entity's informative return, will automatically be granted a 6-month share will be determined as if such items were realized by the owner extension to file and deliver the owner's reports (Forms 480.60 EC). directly out of the source from which the entity realized them, or As such, the entity does not have to request a different extension for incurred in the same way that they were incurred by the entity. the filing and delivery of such reports. Likewise, the owner's distributable share on income from sources |
Instructions Informative Return - Pass-Through Entity outside of Puerto Rico earned by the entity will retain the character Line E - Indicate the amount of the entity's current debts assumed of the income from sources outside of Puerto Rico in the hands of the by the owner, including those liabilities which are secured and owner. unsecured by the owner. The owner's basis will increase by liabilities secured by such owner. Nevertheless, Sections 1114.06(b) and 1115.04(c) of the Code provide, respectively, that the partner or stockholder of a special Line F - Enter the partnerships or special partnership's debts partnership or corporation of individuals may elect to treat its attributable to the partner with respect to operations covered under distributable share on lines 1, 2, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15 and Act 78-1993 and Act No. 52 of 1983. 16 of Part III as part of the special partnerships or corporation of individual's net income or loss. In this case, the amount allowable as Line J - Indicate if the entity elected the optional tax of Section 1071.10 a deduction for its distributable share on the loss from the sale or or 1115.15 of the Code, as applicable. exchange of capital assets by the special partnership or corporation of individuals will be limited to the partner's or stockholder's Line K - Indicate if the partner or stockholder submitted the sworn distributable share on the capital gains realized by the special statement to exempt the entity from the obligation to withhold the tax partnership or corporation of individuals. Once the election is made provided in Section 1062.05 or 1062.07 of the Code. for a particular tax year, the same is irrevocable with respect to such year. Line L- Indicate if the partner or stockholder made the election provided in Section 1062.07(a)(1)(A) of the Code in order for the EVIDENCES OF THE INFORMATIVE RETURN entity to withhold the maximum tax rate for corporations plus an additional ten (10) percent of the dividend equivalent amount, Evidence must be kept in the entity's records for a period of ten (10) according to Section 1092.02 of the Code, resulting from its years for items that so require, in case of further review, investigation, distributable share. or audit procedure. Line M - If the activities are covered by a tax exemption grant or SPECIFIC INSTRUCTIONS decree, check the act that grants such exemption. The boxes corresponding to Act 362-1999, Act 27-2011 and Act 20-2012, may Enter the information required in each space. The entity is required be selected only if the entity is a partnership. The boxes to provide this informative return to each owner completed in all parts, corresponding to Act 135-1997 and Act 83-2010, may only be so the owner can complete the income tax return to be filed with the selected by entities that are a special partnership or partnership. If Department of the Treasury. you are entitled to an exemption under any act that is not included on this line, indicate the same in subsection 16. Check in the heading the box corresponding to the type of pass- through entity that completes the informative return and indicate the PART II – ANALYSIS OF CAPITAL ACCOUNT OF THE PARTNER, entity's taxable year. STOCKHOLDER OR MEMBER Enter the name and address of the owner and entity, as well as the Column (a) - Enter any capital contributed by the owner during the social security number or employer identification number and type of tax year. industry. Column (b) - Enter any other basis increases attributable to the Also, select the return with respect to which this Informative Return is owner, including the amount of a special partnership's debt assumed prepared: by a partner. A schedule detailing the nature of each item included on this line must be kept for your records. x Form 480.20(EC) – Informative Income Tax Return Pass- Through Entity Column (c) - Enter the owner's distributable share on the gains or x Form 480.10(SC) – Partnership Informative Income Tax losses from the entity during the taxable year. Transfer the amount Return – Composite included on line 5, Part II of the return. x Form 480.20(U) – Income Tax Return 480.20(U) (Nonresident foreign corporations and partnerships subject Column (d) - Enter the amount attributable to the owner's debt to the effectively connected income source rules of Act 154- assumed and secured by the entity. The owner must also include this information on Schedule R1 Individual, Part I, line 3(i) or Part III, line 2010, as amended) 3(h). PART I – INFORMATION OF THE PARTNER, STOCKHOLDER Column (e) - Enter the amount attributed to withdrawals or OR MEMBER distributions made by the entity to the owner, excluding the amount attributed to income tax for withholdings at source on the distributable Indicate on lines A through M, the information applicable to the share made to a resident owner (30%), to a nonresident alien description of the owner. partner of a special partnership (29%) or to an individual nonresident alien stockholder of a corporation of individuals (33%). Line B - Select the type of owner. If the owner is not a natural person, select the type of business organization. Column (f) - Enter the amount attributed to other decreases to the owner's basis in the entity. Line D - Indicate the percentage of participation of the partner or shareholder in the profits and losses of the pass-through entity. The Include on this line the amount of a partner's individual debt assumed amount entered must be rounded to two decimal places. by a special partnership. 2 |
Instructions Informative Return - Pass-Through Entity To calculate the loss that the owner is entitled to claim, the adjusted The amount on line 5(b) must be informed by the owner on Schedule basis of the owner's interest must be determined as provided under R1 of its income tax return. Sections 1071.05, 1114.17 and 1115.05 of the Code. Line 6 - Net income (or loss) from partially exempt income The owner's losses in one or more entities are allowed as a deduction, subject to certain limitations, against income from other entities in which Enter on this line the owner's distributable share on the net income the owner is a shareholder or stockholder. Each loss may be or loss from partially exempt activities, such as operations under Act considered up to the amount of the adjusted basis of the owner's No. 52-1983, Act No. 47-1987, Act No. 78-1993, Act No. 225-1995, interest in each corresponding entity. Act No. 165-1996, Act No. 74-2010 or Act No. 132-2010, included on Schedule L of the Pass-Through Entity's Return. The limitation of the adjusted basis will be computed for each one of the entities in which the owner invests. Line 7 - Net income (or loss) from income subject to a preferential rate If the loss deduction allowable to the owner for any tax year is less than its distributable share in the entity's net loss, the owner may claim Enter on this line the owner's distributable share on the net operating such excess as a deduction in any future tax year, subject to the income or loss subject to a fixed special tax rate, such as income limitations previously explained. under Act 83-2010, known as the Puerto Rico Green Energy Incentives Act, and income from Act 73-2008, excluding dividends, Those expenses incurred by the entity that were not deductible for long-term capital gains and interest income from deposits in financial purposes of determining the net income from the entity's trade or institutions. Also, enter on this line the net income or loss subject to business, as determined on line 4, Part XVII of the pass-through entity preferential tax rates under the provisions of Act 135-1997, Act 362- return, Form 480.20(EC), will also be included. You must provide the 1999, Act 27-2011, Act 20-2012 and Act 14-2017. partner or shareholder with a breakdown of the expenses of the applicable non-deductible items. Enter in the first Column the amount attributable to the owner on the net taxable income and in the second Column the tax deposited by PART III – DISTRIBUTABLE SHARE PER CATEGORY the entity, as determined in Form 480.20(EC). Enter in each one of the spaces provided the owner's distributable In the case of an individual owner, the net income from this line must share on the applicable item and the corresponding tax withheld, if any. be included on Schedule F Individual, Part V, Column F and transferred to Schedule A2 Individual, Columns E, F, G and H, as Line 1 - Net long-term gain (or loss) on sale or exchange of applicable, to determine the income tax at the corresponding fixed capital assets rate. The tax withheld as reported in Column 2 of this line 7 must be transferred to Schedule B Individual, Part III, line 11(e). Enter on this line the owner's distributable share on the gain or loss derived from the sale or exchange of capital assets held by the entity In the case of a corporation, the net income reported in the first Column for more than one (1) year. of this line 7 must be included in Schedule R1 Corporation of the partner or stockholder's corporation's income tax return. The tax Line 2 - Net short-term gain (or loss) on sale or exchange of reported in Column 2 of this line 7 must be transferred to Schedule capital assets B Corporation, Part III, line 7(c). Enter on this line the distributable share on the gain or loss derived Line 8 - Eligible distribution of dividends from corporations from the sale or exchange of capital assets held by the entity for one at 15% (1) year or less. Enter on this line the total distributable share of the owner in the Line 5 - Net income (or loss) from the entity's trade or distributions of eligible dividends that were made by a corporation that business are subject to the 15% rate, as defined in Section 1023.06 of the Code, together with the proportion of the tax withheld. Include on this line the owner's distributable share on the net income or loss from the entity's trade or business. In the case of an individual partner, said tax withheld must be included on Schedule B Individual, Part III, line 11(b) and in the case of a Do not include in this item income, gains or losses identified on other corporate partner, it will be included on Schedule B Corporation, Part lines of this Part III. III, line 7(b). Enter on line 5(a) the share of the entity's net income attributable to In the case of special partnerships and corporations of individuals, services rendered by the owner and not paid to the owner as salaries as elected by the owner, said income may be included in the entity's or compensation for services rendered. net income to determine its income or loss, as provided in Sections 1114.06(b) and 1115.04(c) of the Code, respectively. The amount on line 5(a) must be reported by the owner as income from services or from trade or business in its income tax return. Line 9 – Distributions of dividends subject to ____% withholding Enter on line 5(b) the difference between the total amount on line 5 and the amount attributable to the services rendered by the owner Enter on this line the owner's distributable share on the dividend reported on line 5(a). distributions subject to a fixed special tax rate not previously specified, 3 |
Instructions Informative Return - Pass-Through Entity along with the corresponding tax withheld. Specify the applicable rate of the schedule must be included with the Informative Return provided in the blank space provided for this purpose. to the owner. Line 10 - Interest income from deposits in financial Line 17 - Exempt income institutions subject to withholding Enter the owner's distributable share on the total amount of exempt Enter on this line the owner's distributable share on the income income derived by the entity. derived by the entity from interests on investments or deposits in cooperatives, savings associations authorized by the Federal Line 18 - Exempt income subject to alternate basic tax Government or by the Government of Puerto Rico, commercial and mutual banks or in banking organizations established in Puerto Rico, Enter the individual owner's distributable share on the total amount as well as the 10% amount withheld, if such an election was made. of exempt income subject to alternate basic tax. In the case of an individual owner, such tax withheld must be included on Schedule B Individual, Part III, line 11(a). Line 19 - Adjustment for deductions not allowed for alternate basic tax and alternative minimum tax Line 11 – Interest income from deposits in financial institutions not subject to withholding Enter here the owner's distributable share in any adjustment to the income from the entity that, at the entity's individual owner or corporate partner level, are considered nondeductible for purposes Enter on this line the owner's distributable share on the taxable of the alternate basic tax or alternative minimum tax, as applicable. interest received or credited by the investment entity or deposits in cooperatives, savings associations authorized by the Federal For these purposes, the amount determined on line 20, Part II of Form Government or by the Government of Puerto Rico, commercial and 480.20(EC) will be used as a basis, which is based on the amount mutual banks, or in bank type organizations located in Puerto Rico determined on line 58, Part IX of the entity's return. that were not subject to withholding. Line 20 - Other adjustments for purposes of the alternate Line 12 – Other interests subject to withholding at the 10% rate basic tax Enter here the owner's distributable share on the income from taxable Enter here the owner's distributable share on any adjustment to the interests received or credited that were subject to the 10% income of the entity that, at the level of the entity's individual owner, preferential rate. In the case of an individual owner, such tax withheld is considered income subject to alternate basic tax. For more details, must be included on Schedule B Individual, Part III, line 11(a). refer to Section 1021.02(a)2 of the Code. Line 13 – Other interests subject to ____% withholding Line 21 - Other adjustments for purposes of the alternative minimum tax Enter on this line the owner's distributable share on the income from taxable interests received or credited that were subject to a fixed Enter here the corporate owner's distributable share in any special tax rate not previously specified, along with the adjustment to the income from the entity that, at the owner level, are corresponding tax withheld. Specify the corresponding rate in the considered income subject to alternative minimum tax. A schedule blank space provided for this purpose. detailing the nature of each item included on this line with the amount of each adjustment per item must be kept for your Line 14 - Distributable share on gain from a partnership or records. Copy of this schedule must be included with the Informative special partnership owned by the entity Return that the entity provides to the owner. The entity can be a partner in a partnership or a special partnership. Line 22 – Charitable contributions (Apply only to This entity will also be known as the Subsidiary Pass-Through Entity. partnerships) This line will reflect the owner's distributable share on income from the Enter here the partner's distributable share on the total charitable Subsidiary Pass-Through Entity attributable to the entity. contributions paid during the tax year, by the partnership, to a nonprofit religious, charitable, scientific, literary, educational or Line 15 - Distributable share on loss from a partnership or museum organizations, or to organizations for the prevention of special partnership owned by the entity cruelty or abuse of children, the elderly or disabled, or animals, organizations for the prevention of domestic violence or hate crimes, The entity can be a partner in a partnership or a special partnership. or to organizations of war veterans in the United States or Puerto This entity will also be known as the Subsidiary Pass-Through Entity. Rico. However, no part of the net earnings of any organization to which you contribute may benefit any particular partner. This line will reflect the owner's distributable share on loss from the Enter here, also, the partner's distributable share on the deduction Subsidiary Pass-Through Entity attributable to the owner. for contributions paid to: Line 16 - Others x the Government of Puerto Rico, the United States Government, or any of its states, territories or possessions, or any political Enter the total of other income not included on the preceding lines. If subdivision thereof, or the District of Columbia, when the this line includes income from different concepts, a schedule showing contributions or donations are used exclusively for public a breakdown of such income must be kept for your records. Copy purposes; 4 |
Instructions Informative Return - Pass-Through Entity x university level accredited educational institutions established in Remember that the amount of gross income related to services Puerto Rico; rendered to be distributed among the partners or shareholders will be determined as follows: x the José Jaime Pierluisi Foundation; Description Reference in Return Amount x the Puerto Rican Fund for the Financing of Cultural Affairs; Gross Income on sale of Line 7, Part VIII of the services return x the Puerto Rico Communitarian Foundation; Plus: Distributable share on Line 3, Part I, Schedule R x posts or organizations of war veterans, or auxiliary units of, or gross income from services Pass-Through Entity trusts or foundations for, any of such posts or organizations, if rendered by pass-through such posts, organizations, units, trusts or foundations are entities organized in Puerto Rico, the United States or any of their States or possessions, as long as no part of its net earnings inures to Gross Income from services rendered ................ the benefit of any particular shareholder or individual; Line 24 - Gross income subject to Optional Tax (Section x the Corporation of the Symphonic Orchestra of Puerto Rico; and 1071.10 or 1115.11 of the Code) x the Fund for Services Against Remediable Catastrophic Enter here the owner's distributable share on gross income for which the pass-through entity elected and paid the optional contribution of Illnesses. Section 1071.10 or 1115.11 of the Code, as applicable. This amount will constitute an exclusion from gross income and will only be Include also the partner's distributable share on the contributions of considered to determine the tax base of the owner in the entity. cultural or historic value made to a municipality, as certified by the Institute of Puerto Rican Culture or the Cultural Center of each If the pass-through entity did not indicate in question J of the municipality, or that makes possible the realization of any cultural or questionnaire that you are electing the optional tax, no information historic work, on occasion of the celebration of the centennial will be entered in this line. foundation of said municipalities. If this type of contributions is included on this line, you must keep for your records a schedule itemizing those In the case that the pass-through entity has elected to pay the optional contributions. Copy of this schedule must be included with the tax, the taxable gross income will be reported on this line. Therefore, Informative Return that the entity provides to the owner. lines 1 to 16 of Column of "Amount" will be zero and it will only be allowed to enter withholding on line 5, Part III of this form if the Line 23 - Volume of business withholdings totals exceed the optional tax determined on Schedule BB Pass-Through Entity. In these cases, the partner may claim the Enter here the owner's distributable share on the entity's total volume withholdings reported on line 5, Part III at the time of prepare your of business for purposes of determining the requirement to file financial return, even if no amount is presented in the first column. statements, as determined on line 24, Part II of Form 480.20(EC). In those cases where the pass-through entity elected to benefit from Remember that the amount of volume of business to be distributed the Optional Tax and pay such tax with the Pass-Through Entity among the partners or shareholders will be determined as follows: Informative Income Tax Return (Form 480.20(EC)), the amounts reported on this line should not be included in the return of the partner, Description Reference in Return Amount shareholder, or owner of the pass-through entity. Likewise, the tax withheld reflected in this line should not be included in the partner's Total Gross Operating Income Line 23, Part VIII of the return. Furthermore, in these cases when the partner is an individual, return he may not use the amount reported on this line to determine the limit Plus: Distributable share on Line 3, Part I, Schedule R of the mortgage interest deduction. gross income from services Pass-Through Entity rendered by pass-through Line 25 - Volume of business of subsidiary pass-through entities entities Enter the partner's or shareholder's distributable share on gross Plus: Distributable share on the Line 8, Part I, Schedule R income reported by the subsidiary pass-through entity, as such term gross income of pass-through Pass-Through Entity entities is defined on lines 14 and 15 of Part III of this form. Plus: Exempt Income Line 21, Part II, Schedule The amount to be distributed among the partners or shareholders IE Pass-Through Entity will be determined by adding gross income reported on line 23 of all Forms 480.60 EC issued by subsidiary pass-through entities and Total Volume of Business ...................................... included as part of this return. Line 23(a) - Gross income from services rendered Line 25(a) - Gross income from services rendered Enter the owner's share of the total volume of business of the pass- Enter the partner's or shareholder's distributable share on gross through entity that comes from services rendered as determined on income from services provided, as reported by the subsidiary pass- line 25(a), Part II of Form 480.20(EC). through entity, as such term is defined on lines 14 and 15 of Part III of this form. 5 |
Instructions Informative Return - Pass-Through Entity The amount to be distributed among the partners or shareholders will A. CREDITS SUBJECT TO MORATORIUM be determined by adding the gross income reported on line 23(a) of all Forms 480.60 EC issued by subsidiary pass-through entities and Line 1 – Credit attributable to losses or for investment in included as part of this return. Capital Investment, Tourism or other funds or direct investment PART IV – NONRESIDENT ALIENS PARTNERS OR STOCKHOLDERS Enter the owner's distributable share in the amount of credit determined on Schedules Q and Q1 included on the Pass-Through Enter on line 1 of this Part IV the distributable share of a nonresident Entity Informative Income Tax Return (Form 480.20(EC)), alien owner in the net income of a pass-through entity and the attributable to losses or for investment in a Capital Investment Fund, corresponding withholding. Tourism Fund, or other funds, or direct investment. PART V - CREDITS Line 2 - Credit for housing infrastructure (Act 98-2001, as amended) On March 7, 2017, the Financial Advisory Authority and Fiscal Agency of Puerto Rico ("AAFAF", for its Spanish acronym) issued Enter the owner's distributable share in the amount of credit for Administrative Order No. OA-2017-01 ("OA-2017-01") by which it investment in housing infrastructure recommended by the designated officers of the Housing Department and the Department created the Disbursements and Tax Concessions Authorization of the Treasury. Committee ("CADCC", for its Spanish acronym) to which it granted certain authorizations regarding the evaluation and granting of tax Act 98-2001, as amended, grants a credit for infrastructure credits and delegated the responsibility of establishing limitations investment to the developers of housing projects. It will be subject to regarding the use and availability of the tax credits granted. Also, the taxpayer's request and the approval by the Secretary of an OA2017-01 ordered the Secretary of Treasury ("Secretary") to administrative determination under Act 98-2001 and the applicable carry out an inventory of the tax credits granted and to require the regulations. holders of tax credits to report the amount granted of said credits, in the manner that the Secretary establishes for said purposes. The For additional details, refer to Act 98-2001 and its corresponding administrative order also establishes that, any credit holder that does regulations. not show evidence issued by the Secretary of compliance with the information requirement, will not be able to claim said tax credits. Line 3 - Credit for the investment in the acquisition, construction or rehabilitation of affordable rental housing For such purposes, on April 20, 2017, the Department of the to the elderly (Chapter 2 of Act 140-2001, as amended) Treasury issued the Internal Revenue Informative Bulletin No. 17- 08 to notify that the requirement to carry out the inventory of tax credits Enter the owner's distributable share in the amount of credit for would be met by electronically filing Form 480.71.1 (Informative investment in the acquisition, construction or rehabilitation of Return for Tax Credits Holders) and established that the requirement affordable rental housing projects for the elderly. imposed by AAFAF to submit evidence of compliance with the information requirement in order to claim the tax credits, would be met Chapter 2 of Act 140-2001 provides that every owner of an by electronically filing Form 480.71.1. Therefore, in order to claim a affordable rental housing project for the elderly may qualify for a tax tax credit that has been granted and available as of April 19, 2017, credit. The petitioner must file an application with the Housing Finance it must be included in Form 480.71.1 that the credit holder submitted Authority. to the Department. The tax credit will be subject to the taxpayer's request and the For its part, on July 2, 2018, AAFAF, through Administrative Order No. approval by the Secretary of an administrative determination. OA-2018-10 ("OA-2018-10"), repealed the OA-2017-01 and left the CADCC without effect prospectively. For such purposes, Section Line 4 - Credit for construction investment in urban centers 1051.15(b)(1) of the Code provides that for taxable years commenced (Act 212-2002, as amended) after December 31, 2017, the tax credits will not be subject to the limitations set forth in the resolutions issued by the CADCC during its Enter the owner's distributable share on the amount of credit for existence, therefore, they will be subject only to the rules of use investment in construction on urban centers. Every person that established in the special law under which the tax credit is granted and carries out a construction or improvement project in an urban center, the applicable provisions of the Code. However, credits covered under as provided by law, may qualify to claim a credit against the tax. Section 1051.12(a)(4), (5) and (7) of the Code will be subject to the use limitation provided in Section 1051.13 of the Code. The grant of the credit is subject to taxpayer's request and the issuance of an administrative determination by the Secretary of the Treasury. However, OA-2018-10 establishes that the Secretary will continue to perform and maintain the inventory of all tax credits and maintains For additional details, refer to Act 212-2002, as amended, and the the requirement of the OA-2017-01 that the credit holder must show corresponding regulations. evidence issued by the Secretary of the compliance with the information requirement to be able to claim a tax credit. Line 5 - Credit for the establishment of an eligible conservation easement or donation of eligible land (Act 183- Every Pass-Through Entity that reports the distributable 2001, as amended) share of a tax credit to its owners, must accompany with its Informative Return copy of Form 480.71.1 duly filed in the Enter the owner's distributable share in the amount of credit for the Department. establishment and donation of a conservation easement, equal to 6 |
Instructions Informative Return - Pass-Through Entity 50% of the value of the eligible conservation easement. To claim this credit, claimed for contributions to former governors foundations equivalent you must obtain a certification issued by Secretary of the Treasury. to 100% of the amount contributed during the taxable year to such foundations for operating expenses and those expenses related to the For additional details, refer to Act 183-2001, as amended, and purposes for which they were created and/or those donations to a Internal Revenue Circular Letter No. 05-04 of March 23, 2005. Depository of Files and Relics of Former Governors and Former First Ladies of Puerto Rico constituted according to the provisions of Act 290- Line 6 - Credit for the purchase of tax credits 2000 by itself or as a whole with public or private Higher Education entities, to cover the costs of construction, operation and other Enter the owner's distributable share on the tax credits subject to necessary expenses for the true fulfillment of the purposes of Act 290- moratorium acquired by the entity during the year through the 2000 and Section 1051.10 of the Code. The tax credits to be granted purchase, exchange, or transfer from the primary investor. cannot exceed $500,000 in aggregate, for any taxable year. Part VII of this form must be completed. To claim this tax credit a certification issued by the recipient entity must be submitted as evidence that the contribution was made and Line 7 - Other credits subject to limitation not included on the accepted; that the foundation is operationally active at the time of preceding lines receiving the contribution; that it has the Certificate of Tax Exemption issued by the Department of the Treasury; and that it complies with Enter on this line the owner's distributable share in the total amount the annual report that is submitted to the Commission of Legislative of other credits subject to moratorium not included on the preceding Funds for Community Impact (as provided in Section 1051.10(b) of lines. If different concepts of credit are included on this line, a schedule the Code). The amount of the credit not used in the taxable year in showing a breakdown of such credits must be kept for your records. which the contribution was made, may be carried over to subsequent Copy of the schedule must be included with the Informative Return taxable years, until fully exhausted. that the entity provides to the owner. B. CREDITS NOT SUBJECT TO MORATORIUM Line 12 - Credit for contributions to Santa Catalina's Palace Patronage and/or State Capitol of the Legislative Assembly Line 8 - Credit for tax withheld at source on Industrial Patronage Development dividends (Act No. 8 of 1987) Enter the owner's distributable share on the 100% of contributions The owners of an entity are entitled to claim, according to the made to Santa Catalina's Palace Patronage and/or State Capitol of percentage applicable to their distributable share in the entity, a credit the Legislative Assembly Patronage (Patronages). The tax credits pursuant to Section 4(a) of the Incentives Act, against their tax due to be granted cannot exceed $2,500,000 for any taxable year. for the year in which the entity received, as an investor, a distribution from Industrial Development Income. To claim this tax credit a certification issued by the Patronage must be submitted as evidence that the contribution was made and Enter on this line the owner's distributable share on the tax withheld at accepted. The part of the credit not used in the taxable year may be source to the entity on dividends from Industrial Development Income. carried over to subsequent years, until fully exhausted. Line 9 - Credit for investment in Film Industry Development Line 13 - Credit for investment (Section 6 of Act 73-2008) (Act 27-2011) Enter the owner's distributable share in the amount of credit to be Enter the owner's distributable share on the amount of the credit to be claimed for industrial investment under Section 6 of Act 73-2008.This claimed for the investment in a Film Entity engaged in a Film Project amount shall be equal to 50% of the eligible investment to be claimed and/or Infrastructure Project under Act 27-2011. in two or more installments: the first half in the year in which the eligible investment is completed and the balance in the subsequent years. This credit is subject to the request and approval by the Secretary of an administrative determination under Act 27-2011 and its The credit not used in a taxable year may be carried over to regulations. For additional details, refer to Act 27-2011. subsequent years, until fully exhausted. Line 10 - Credit for the purchase or transmission of television For additional details, refer to Act 73-2008 and its corresponding programming made in P.R. (Section 1051.14) regulations. Enter the owner's distributable share in the amount of credit to be Line 14 - Credit for investment in opportunity zone (Act 60- claimed for the purchase or transmission of television programming 2019) made in Puerto Rico, according to Section 1051.14 of the Code. Enter the owner's distributable share in the amount of credit to be This credit is subject to the issuance of a Compliance Certification by claimed for eligible investment in opportunity zones. The credit will the Department of Economic Development, according to the be equal to the eligible percentage of eligible investment and must be provisions of Section 1051.14 of the Code and regulations claimed as indicated below: thereunder. x If the eligible investment is made in the year the exempt Line 11 -Credit for contributions to former governors' foundations business completed full construction of the Priority Project or when the exempt business begins operations Enter the owner's distributable share in the amount of credit to be (if the priority project does not require construction): 7 |
The credit will be taken in four (4) installments: 25% in the year in sources outside of Puerto Rico derived by the entity and the taxes which the exempt business completed construction or when the paid by the entity outside of Puerto Rico on said net income. This Part exempt business started operations, whichever is later, and 25% of VI provides space to include the income per country of up to 3 the balance of said credit in the next three (3) subsequent years. countries, in addition to the Unites States. If there is income derived from more than 3 countries, you must include the total of such income x If the eligible investment is made after completing the in one column and keep for your records a schedule breaking down construction of the Priority Project or the exempt the information of the net income and tax paid to each country. business begins operations: Line 1 – Net income from sources within the country, state, The credit must be claimed in four (4) installments: 25% in the year territory or possession in which a significant expansion has been made in the real property built or in the exempt business, as applicable, and as the Secretary Enter on this line the owner's distributable share in the net income from of Economic Development defines this term by regulation, sources outside of Puerto Rico derived by the entity. This amount administrative regulation, administrative determination, circular letter must be reported per country, as determined on line 1, Part V of the or informative bulletin, for these purposes, and 25% of the balance Pass-Through Entity Informative Income Tax Return (Form of said credit in the next three (3) subsequent years. 480.20(EC) filed by the entity). Any eligible investment made during the investor's taxable year, will Line 2 - Tax paid during the year qualify for this tax credit, in said taxable year, provided all the requirements are met. Enter on this line the owner’s distributable share in the income tax paid or accrued to the United States, its states, possessions or foreign This credit may be applied against any tax determined of the investor, country as reported on line 2, Part V of the Pass-Through Entity according to Subtitle A of the Code, including the alternate basic tax Informative Income Tax Return (Form 480.20(EC) filed by the applicable to individuals and the alternative minimum tax applicable entity). to corporations. PART VII - BREAKDOWN OF THE PURCHASE OF TAX The part of the credit not used in the taxable year may be carried over CREDITS to subsequent years, until fully exhausted. Enter the owner's distributable share in the amount of credit acquired The taxpayer must include with his return copy of the Administrative by the entity. Select the block corresponding to the act (or acts) under Determination issued by the Department of Economic Development which the credit was acquired. Transfer the amount from lines 8 and and Commerce granting said credit. 19 to Part V of this Informative Return 480.60 EC, lines 6 and 15, The taxpayer must also include with the return for every year in which respectively. the credit is claimed, a schedule detailing the year in which the credit is available to be used, the taxable years in which it has been claimed, PART VIII – DISTRIBUTABLE SHARE ON THE NET INCOME the expiration date of the credit, the total amount of the credit, and the SUBJECT TO PREFERENTIAL RATES amounts claimed in previous years. Indicate in this part the owner's distributable share on the net income For additional details, refer to Act 60-2019. and income tax withheld in the cases where the entity operates with an exemption decree under the Puerto Rico tax incentives acts. Line 15 - Credit for the purchase of tax credits In the Columns for "Net Income" and "Tax Withheld" you must indicate Enter the owner's distributable share in the tax credits not subject to the owner's attributable amount from Schedules CI, V, W, X, Y, Z and moratorium acquired by the entity during the year through the AA Pass-Through Entity, Part XIII of Form 480.20(EC), as purchase, exchange or transfer from the primary investor. applicable. Also, specify the applicable corresponding rate in the spaces provided for this purpose on lines 1 through 7. Part VII of this form must be completed. The total tax withheld indicated on line 8 of this part, must have been Line 16 - Other credits not subject to limitation not included paid by the entity on behalf of its owners. on the preceding lines Enter on this line the owner's distributable share in the total amount of other credits not subject to moratorium not included on the preceding lines. If different concepts of credit are included on this line, a schedule showing a breakdown of such credits must be kept for your records. Copy of the schedule must be included with the Informative Return that the entity provides to the owner. PART VI – TAXES PAID TO FOREIGN COUNTRIES AND THE UNITED STATES, ITS STATES, TERRITORIES AND POSSESSIONS Enter in this part the owner's distributable share in the net income from 8 |