2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 17 - Internal Revenue Code of 2011 (§§ 30001 — 33423) › PART II - Income Taxes (§§ 30041 — 30622) › Chapter 1004 - Tax Rates (§§ 30061 — 30090) › Subchapter B - Tax on Corporations (§§ 30071 — 30076) › § 30072 - Surtax on corporations

(a) Net income subject to surtax.— For purposes of this part, the term “net income subject to surtax”, when used in respect to regular corporations, means the net income subject to normal taxes minus the credit provided in subsection (c) of this section.
(b) Imposition of tax.— It shall be imposed, collected, and paid for each taxable year, on the net income subject to surtax of every corporation of every “regular corporation” (as such term is defined in § 30071(c) of this title):
(1) For taxable years beginning after December 31, 2010, but before January 1, 2013:
If the net income subject to Surtax is: The tax shall be: Not over $1,750,000 5 percent In excess of $1,750,000 $87,500 plus 10 percent of the excess of $1,750,000
(2) For taxable years beginning after December 31, 2012:
If the net income subject to Surtax is: The tax shall be: Not over $75,000 5 percent In excess of $75,000, but not over $125,000 $3,750 plus 15 percent of the excess of $75,000 In excess of $125,000, but not over $175,000 $11,250 plus 16 percent of the excess of $125,000 In excess of $175,000, but not over $225,000 $19,250 plus 17 percent of the excess of $175,000 In excess of $225,000, but not over $275,000 $27,750 plus 18 percent of the excess of $225,000 In excess of $275,000 $36,750 plus 19 percent of the excess of $275,000
(c) For taxable years beginning before January 1, 2013, in the case of a controlled group of corporations, under § 30044 of this title or affiliated group under § 30045 of this title, for purposes of determining the surtax rate established in this subsection applicable to each one of the corporations members of said group, the total sum of the net income subject to normal tax of each one of the corporations member of the controlled group or affiliated group that are required to file an income tax return under this part shall be taken into account, minus the deduction provided in subsection (d), subject to the limitations of subsection (e).
For taxable years beginning after December 31, 2012, the surtax shall be the amount resulting from the application of the table set forth in subsection (b)(2) of this section to the net income subject to normal tax, minus the deduction provided in subsection (d), subject to the limitations of subsection (e).
(d) For purposes of the surtax, the following deduction shall be granted:
(1) A seven hundred fifty thousand dollar ($750,000)-deduction for taxable years beginning before January 1, 2013, or
(2) A twenty five thousand dollar ($25,000)-deduction for taxable years beginning after December 31, 2012, except that, in the case of a corporation to which this section and § 30044 of this title apply, such deduction shall be equal to the amount determined under subsection (e).
(e) Determination of the deduction applicable to certain controlled corporations under this section.— If a corporation is a component member of a controlled group of corporations on a December 31, then, for purposes of subsection (d), the deduction allowed under said subsection for such corporation for the taxable year that includes said December 31, shall be an amount equal to:
(1) Seven hundred fifty thousand dollars ($750,000) for taxable years beginning before January 1, 2013, or
(2) twenty five thousand dollars ($25,000) for taxable years beginning after December 31, 2012, divided by the number of corporations that are component members of the group on such December 31, or
(3) if all component members of said controlled group consent (on such date and in such manner as the Secretary may, by regulations, prescribe) to an apportionment plan, such portion of the amount allowed as deduction that is allocated to each member in accordance with the plan.
The sum of the prorated amounts under clause (2) among the component members of any controlled group or affiliated group shall not exceed the amount allowed as deduction under said subsection.
(f) Certain taxable years of less than twelve months.— If a corporation:
(1) Has a taxable year of less than twelve (12) months that does not include a December 31, and
(2) is a component member of a controlled group of corporations with respect to such taxable year, then, for purposes of subsection (d), the deduction allowed under such subsection to such corporation for such taxable year shall be equal to the amount allowed as deduction under said subsection, divided by the number of corporations that are component members of such group on the last day of such taxable year. For purposes of this subsection, § 30044(b) of this title shall apply as if such last day were substituted for December 31.
History —Jan. 31, 2011, No. 1, § 1022.02, retroactive to Jan. 1, 2011; Dec. 10, 2011, No. 232, § 11; June 30, 2013, No. 40, § 11.