IRS Probes Puerto Rico’s Tax Incentive Program Amidst Appears Crypto Tax Evasion

Key Points:

• Puerto Rico investigates tax incentive misuse by high-income individuals.
• IRS identifies around 100 cases for potential criminal investigation.
• The probe targets residency requirements and income source accuracy.

According to Bloomberg, Puerto Rico’s top economic development official, Manuel Cidre, has revealed that he is actively cooperating with US tax authorities in their investigation into approximately 100 high-income individuals who are suspected of misusing Puerto Rico’s tax incentive program to evade federal taxes.

Cidre, the Secretary of Economic Development and Commerce in Puerto Rico, stated that his office has been collaborating with the Internal Revenue Service (IRS) since 2021 to identify individuals who may be abusing the island’s lucrative tax breaks. The IRS has already identified around 100 people who have failed to meet the program’s rules, and it anticipates that many of these cases will proceed to criminal investigation.

Puerto Rico has been offering attractive tax incentives to hedge fund managers, cryptocurrency traders, and other wealthy individuals for over a decade, attracting thousands of Americans to the US territory. Under the program, qualified individuals can avoid paying federal income tax and enjoy exemptions on dividend, interest, and capital gains income. However, to be eligible, participants must spend a minimum of 183 days per year in Puerto Rico, and their income from the mainland is still subject to federal taxes.

Ensuring compliance with the rules and regulations of the tax incentive program has become a priority for Manuel Cidre. He emphasized that his office has expelled over 300 individuals from the program since 2021, reflecting the government’s commitment to ensuring the program’s integrity.

Recently, US prosecutors and IRS agents have taken action by deploying undercover agents and closely scrutinizing records to build criminal and civil cases against wealthy individuals suspected of illicitly exploiting Puerto Rico’s tax breaks. Investigators are focusing on potential cases where individuals may have lied about their time spent on the island and the sources of their income. In addition to targeting individuals, authorities are also examining the promoters, attorneys, and accountants involved in marketing the tax program. It is expected that at least two criminal investigations, including one involving a US lawyer, will result in charges in the near future.

While the IRS claims to have identified 100 individuals under investigation, some experts in tax law remain skeptical of the agency’s statement. They argue that determining eligibility for the benefits of Puerto Rico’s tax code is a complex matter and requires careful evaluation.

Since 2012, more than 5,000 Americans have qualified for the tax incentives offered in Puerto Rico, allowing them to legally avoid paying federal income tax and enjoy tax exemptions on various types of income. An additional 3,600 businesses benefit from tax exemptions on earnings and profits, with a 4% tax applied to export services. However, the program’s rigorous residency requirements have raised concerns about potential fraudulent practices. To qualify, individuals must establish a “closer connection” to Puerto Rico than to the US and demonstrate that the island is their “tax home.”

As the investigation unfolds, the cooperation between Puerto Rico’s economic development office and US tax authorities underscores the commitment to ensuring the integrity and proper use of the tax incentive program.

Puerto Rico extended its 4% tax break to crypto assets and blockchain activities, including staking, in March. Blockchain technology, blockchain-based digital assets, and blockchain validation (the process of reaching a consensus on valid transactions) will now be covered by the incentive code.

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