Ley 172 del 2007
Resumen
Esta ley enmienda el Código de Rentas Internas de Puerto Rico de 1994 para aumentar la deducción por gastos incurridos en la compra e instalación de equipos solares para uso residencial. La deducción máxima se incrementa de $500 a $1,500 para individuos y de $250 a $750 para individuos casados que presentan declaraciones separadas. La ley busca incentivar el uso de energía solar para combatir el calentamiento global y ahorrar energía eléctrica.
Contenido
(No. 172)
(Approved December 3, 2007)
AN ACT
To amend subclause (H) of clause (2) of subsection (aa) of Section 1023 and to amend clause (2) of subsection
(b) of Section 1011 of Act No. 120 of 1994, as amended, known as the "Puerto Rico Internal Revenue Code of 1994," in order to increase the deduction of individuals for expenses incurred in the purchase and installation of solar equipment, to be used at home, from five hundred (500) dollars to one thousand, five hundred (1,500) dollars and from two hundred fifty (250) dollars to seven hundred and fifty (750) dollars, in the case of married individuals living with spouse at the end of the taxable year who choose to file separate tax returns.
STATEMENT OF MOTIVES
At present, extraordinary measures are being taken around the world to fight against global warming. One of these measures is the use of solar energy as an alternative method or together with the electric power produced by man. Solar energy derives from sun rays, which energy is in turn stored by diverse special mechanisms. These mechanisms may be used to heat water used in homes and to produce electric power, among other things.
Nevertheless, it has been established that the use of solar energy devices helps to save electric power, since quite often these can replace appliances that normally work with electric power with those that employ this kind of renewable energy.
Therefore, this Act increases from five hundred (500) to one thousand, five hundred (1,500) dollars, the deduction granted by Act No. 120 of
October 31, 1994, as amended, known as the "Puerto Rico Internal Revenue Code of 1994," to taxpayers who buy or install solar equipment. An additional benefit is thus afforded to our Puerto Rican consumers, while helping to conserve our environment.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.-Subclause (H) of clause (2) of subsection (aa) of Section 1023 of Act No. 120 of October 31, 1994, as amended, is hereby amended to read as follows: "Section 1023.—Gross Income Deductions.— On computing net income, the following shall be allowed as deductions:
(a) Expenses.—...
(aa) Option of Fixed Deduction or Itemized Deductions.- (1) ... (2) Itemized Deductions.-For the purposes of this subsection, the taxpayer may claim as itemized deductions, in lieu of the optional fixed deduction, the following items: (A) ...
(H) Deduction for expenses incurred in the purchase and installation of solar equipment to be used in homes.-
(i) Allowance.-In the case of an individual, there shall be allowed as a deduction thirty percent (30%)
of the expenses incurred during any taxable year in the purchase, manufacture and installation on the property which constitutes the principal residence of the taxpayer, whether it is owned or leased by him, of any solar equipment, up to a limit of one thousand, five hundred (1,500) dollars, except that in the case of a married individual who lives with the spouse at the end of the taxable year and who opts to file a separate return, the amount of the deduction shall not exceed seven hundred fifty (750) dollars. When the lessee has installed the solar equipment, the owner of the real property shall not be entitled to any deduction for the same solar equipment, even though it remains for the owner's benefit upon expiration of the lease. (ii) Definition of 'solar equipment'.-For the purposes of this subclause, the term 'solar equipment' means any equipment capable of converting solar energy into usable power, directly or indirectly, whether bought or manufactured by the taxpayer, as long as the same is operating. (iii) Attesting proof.-Individuals who claim the deduction provided in paragraph
(i) shall attach with their tax return, the bills or receipts containing information relative to the cost of the solar equipment, or of the parts and labor required to manufacture the same, and the expense incurred in the installation thereof; a certification attesting that the solar equipment has been approved by
the Department of Natural Resources or the government entity designated therefor; and a certification attesting that the solar equipment bought is guaranteed for five (5) years or more. (iv) Limitation.-No individual shall be allowed more than one deduction under the provisions of this clause."
Section 2.-Clause (2) of subsection
(b) of Section 1011 of Act No. 120 of 1994, as amended, is hereby amended to read as follows: "Section 1011.—Tax on Individuals.—
(a) ...
(b) Alternative Basic Tax on Individuals.- (1) ... (2) Adjusted Gross Income.-
(a) For purposes of computing the Adjusted Gross Income, as defined in this subsection, there shall also be included the deduction on account of expenses incurred in the purchase and installation of solar equipment to be used at home, as defined in subclause H of clause 2 of Article 2 of subsection (aa) of Section 1023. The provisions of this subclause shall begin to govern for taxable years beginning after December 31, 2006, and ending not later than December 31, 2008."
Section 3.-Effectiveness.- This Act shall take effect for taxable years beginning after December 31, 2006.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 172 (S.B. 1947) of the $\underline{4}^{ ext {th }}$ Special Session of the $\underline{15}^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subclause (H) of clause (2) of subsection (aa) of Section 1023 and to amend clause (2) of subsection
(b) of Section 1011 of Act No. 120 of 1994, as amended, known as the "Puerto Rico Internal Revenue Code of 1994," in order to increase the deduction of individuals for expenses incurred in the purchase and installation of solar equipment, to be used at home, from five hundred (500) dollars to one thousand, five hundred (1,500) dollars and from two hundred fifty (250) dollars to seven hundred and fifty (750) dollars, in the case of married individuals living with spouse at the end of the taxable year who choose to file separate tax returns, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $15^{ ext {th }}$ of April of 2008.
Francisco J. Domenech Director