Does One Pay Federal Taxes When Living in PR?

Puerto Rico, an unincorporated territory of the United States, presents a unique case in the context of federal taxation. The question of whether residents of Puerto Rico pay federal taxes is not only intriguing but also crucial for understanding the financial obligations of living on this beautiful island. This blog delves into the complexities of federal taxation for Puerto Ricans, drawing upon recent legal insights and historical tax laws.

Understanding Puerto Rico's Tax Status

Puerto Rico is often seen as a paradox in the U.S. tax system. As U.S. citizens, Puerto Ricans are subject to certain federal taxes but are exempt from others. This exemption, particularly from federal income tax, stems from the unique status of Puerto Rico as a U.S. insular area.

Federal Taxes in Puerto Rico

Puerto Ricans do pay some federal taxes, such as customs, federal commodity, and payroll taxes. However, the majority do not pay federal income taxes, except in specific cases. These include Puerto Rico residents who work for the federal government, U.S. military personnel, those earning income from outside Puerto Rico, and those engaged with the federal government.

Justice Brett Kavanaugh recently highlighted the selective federal tax obligations for Puerto Ricans, noting that Congress has the discretion to balance the tax and benefits for Puerto Rico residents. Similarly, Justice Sonia Sotomayor has called for equal treatment of all U.S. citizens, underscoring the lack of representation for Puerto Ricans in Congress and the disparities in federal benefits.

The Impact of Section 933

A critical element in this discussion is Section 933 of the U.S. tax code, which exempts income derived from sources within Puerto Rico from federal income tax. This provision was introduced to give Puerto Rico flexibility in local tax collection and allow the island's government to use these funds for local needs.

A law office insightfully commented that Section 933 was not intended as an incentive for U.S. citizens to avoid taxes but as a mechanism for Puerto Rico to apply its tax laws effectively. The Department of Justice has echoed this sentiment, highlighting the broader fiscal autonomy granted to Puerto Rico.

President Kennedy's administration once clarified the rationale behind this policy, noting that imposing U.S. income taxes in Puerto Rico would necessitate a reduction in Commonwealth taxes, leading to a significant revenue loss for Puerto Rico.

The Reality of Taxation in Puerto Rico

Puerto Rico's average household income is lower than that in the states. Exempting residents from federal income taxes allows local funds to remain within the territory. However, this exemption has not entirely benefited Puerto Rico as intended. Many residents would not pay federal income tax if subjected to the same obligations as the states, and most would receive federal tax credits for low-income households.

Despite this, Puerto Ricans pay income tax to their government and payroll taxes but do not receive equal federal benefits. The lack of equivalent federal support compared to states is a point of contention.

Residency and Tax Obligations

The determination of tax obligations hinges on residency status and income source. Bona fide residents of Puerto Rico, who spend a minimum of 183 days in the territory, are exempt from filing U.S. federal income tax returns on income sourced within Puerto Rico. However, this changes if the income is from outside Puerto Rico or from U.S. sources.

Non-Residents and Taxation

Non-residents of Puerto Rico must file U.S. tax returns to report income from all sources. An exception exists for taxpayers who were residents of Puerto Rico for at least two years before moving to the mainland.

Credits, Deductions, and Exemptions

The allocation of credits and deductions on federal tax returns can be confusing for those with mixed income sources. The allowed deductions are often proportional to the income that is taxable at the federal level. However, full personal exemptions and credits for taxes paid to the Puerto Rican government are permitted.

Payroll Taxes

Puerto Ricans are subject to the same payroll taxes as U.S. mainland residents, contributing to Medicare and Social Security. Employers must also pay their portion of these taxes.

Filing Requirements and Federal Support

Bona fide residents of Puerto Rico typically do not file U.S. federal income tax returns if their sole income is from Puerto Rican sources. However, those with income from outside Puerto Rico must file U.S. tax returns if the amount is above the U.S. filing threshold.

Puerto Rico's tax system is a blend of local autonomy and federal oversight. While residents enjoy exemptions from certain federal taxes, this benefit comes with reduced federal support and services. Understanding this complex tax landscape is crucial for anyone considering a move to Puerto Rico or for current residents navigating their tax obligations. As always, this blog is only meant to be a guide, and consulting with a tax professional for personalized advice is recommended.

If you have decided that Puerto Rico is where you want to live, but have yet to find a home, Paraiso Realty has a number of options available. These homes are available, as of the publishing of this blog post. To see more of each, simply click on the photo: