According to Section 2102(a) of the Puerto Rico Internal Revenue Code of 1994, as amended (Code), every person entitled to receive any consideration for personal property or services in a transaction subject to the tax imposed by Section 2101(a) of the Code, is required to collect the applicable tax from the person providing such consideration. The tax collected during a calendar month must be deposited, not later than the 15th day of the following month.
The excise tax established in Section 2101(a) applies to acquisitions made after December 31, 2010. Thus, the first monthly deposit shall be made on or before February 15, 2011 for acquisitions made during the month of January 2011, if any.
I. Electronic Payment Requirement
The Puerto Rico Treasury Department (Treasury) has designed an online system to process the electronic payment of the monthly excise tax under Section 2101(a) of the Code. Every person required to collect and deposit said tax must complete a Monthly Excise Tax Deposit Form (Form 480.36) for each member of the controlled group that made taxable acquisitions during the previous month. Form 480.36 must be completed and submitted electronically, together with the required payment, through the online system available at the "Servicios en Línea" link in our Internet page, wwww.hacienda.qobierno.pr.
II. Access
In order to access the online system, the person making the deposit must be registered at the "Colecturía Virtual" of Treasury. If already registered, the username and password previously obtained must be used.
Ill. Identification Number of the Controlled Group
Each controlled group must have an identification number that will identify all members of the controlled group. A designated member of the controlled group by accessing Controlled Group must request such identification number ID Request at the link previously provided. Only one member of the controlled group should make the request and communicate the assigned identification number to the other members of the controlled group.
Please be advised that the controlled group's identification number will be required in the future for all matters related to the excise tax under Section 2101(a) of the Code, including but not limited to, the electronic payment of the Tax. Therefore, the controlled group identification number must be obtained prior to the electronic filing and payment of the excise tax.
IV. Penalties
Any person that does not collect or timely deposit the tax collected shall be subject to the penalties imposed by Section 2102(a) of the Code.
The Secretary of the Treasury shall accept the tax as timely deposited if the electronic transfer of funds is initiated and accepted on or before the aforementioned due date for each month.
The provisions of this Informative Bulletin are effective immediately. For additional information regarding this informative bulletin, you may contact us by email to balvarez@hacienda.gobierno.pr.
Cordially,
Jesús Méndez Rodríguez
Secretary of the Treasury