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Research Development

Special Incentives for Investigators Database (COS)

Puerto Rico Tax Act No. 101 of June 27, 2008

The Puerto Rico Tax Act No. 101 of June 27, 2008 (aka Tax Incentives Act for Researchers and Scientists), which amends 1022(b) of the Puerto Rico Internal Revenue Code of 1994, excludes from taxation any salaries or compensation paid to eligible researchers and scientists for services rendered to the University of Puerto Rico (UPR) and all other institutions of higher education that are accredited in Puerto Rico for scientific research. The amount that can be excluded from gross income, in accordance with 1022(b) of the code, will be the maximum base salary for grants that is established by the National Institutes of Health (NIH). NIH Notice NOT-OD-08-035 established for 2008 a maximum salary limitation for grants of $195,000. In order to qualify for this benefit, (1) the services must be rendered to UPR or any other institution of higher education that is accredited in PR for scientific research; (2) the recipient of income must be an Eligible Researcher or Scientist; and, (3) the research must be an Eligible Scientific Investigation. An Eligible Researcher or Scientist is an individual who is a resident of PR during the taxable year that has been contracted by an Eligible Institution. The individual must be primarily dedicated to Eligible Scientific Investigation and must have submitted a proposal for scientific research to the NIH or any other organization of the US Federal Government or the PR Government. The proposal must be approved and result in the concession of a grant for the Eligible Institution for research under the Research Project Grant Program R01 or its equivalent. An Eligible Scientific Investigation is any investigation performed by an Eligible Institution that receives a grant under the Research Project Grant Program R01 or any similar grant from any of the institutions that form part of the NIH or under similar programs or mechanisms sponsored by any other organization that promotes competitive scientific research including but not limited to the National Science Foundation. (Law summary courtesy of PIA-PR Affiliate Member Fiddler, González & Rodríguez, PSC)

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