Wednesday, May 14, 2014

Governor: Probe eyeing if businesses ‘plotted’ to withhold tax payments

Puerto Rico Gov. Alejandro García Padilla had sharp words for thousands of companies he said “broke the law” by filing for extensions without including payments with their income tax returns due last month.

More than half of all corporations (53 percent) sought extensions but did not submit payment on estimated taxes with their returns, an unprecedented situation that the administration says was the main reason the April tax haul of $1.18 billion missed estimates by $442 million, mainly due to a $380 million shortfall in the corporate taxes target.

The April collections brought the total net through the first 10 months of fiscal 2014 (June-April) to $7.26 billion, $356 million less than projected for the period. The tax haul was up $465.4 million from the same period in fiscal 2013 after the García Padilla administration implemented some $1.5 billion in new tax measures during its first year in office.

García Padilla called for the Treasury Department to investigate, saying he would await the findings of the probe before stating whether he thinks the roughly 20,300 businesses “plotted” to withhold their payments.

“I’m not going to assume that some groups plotted this but I have asked that that angle be investigated,” the governor said.

Business groups and businesspeople have rejected the notion that the filings were a concerted effort.

“If there are losses and no profits then file a return. The problem is that they didn’t file returns,” García Padilla said in a press conference at La Fortaleza. “That is a violation of the law and I’ve asked for an investigation.”

The governor signaled that workers, not corporations, represent Puerto Rico’s productive sector.

“The island’s productive sector paid, those who wake up and go to work every day,” García Padilla said. “There were 20,000 corporations from the so-called productive sector that, in violation of the law, filed for extensions without payments.”

The tax shortfall has sparked debate over García Padilla’s $9.64 billion spending plan for fiscal 2015, which represents Puerto Rico’s first balanced budget in years. Lawmakers are scrambling to approve the package before the start of fiscal 2015 on July 1.

The governor stood behind his pledge for a balanced budget on Tuesday and dismissed speculation that the tax revenues could be trailing estimates by as much as $900 million by the end of the current fiscal year.

Answering staunch criticism from the private sector targeting his so-called national patente tax on gross sales, García Padilla said businesses can seek relief provided they show evidence that the burden is too high.

“They have to open their books to the Treasury Department,” he said. “If the books show that 0.7 percent is too high, Treasury can lower it. But they haven’t opened their books.”

Senate President Eduardo Bhatia and House Speaker Jaime Perelló also stopped short of saying that corporations acted in “bad faith” by not including estimated payments with their income tax extension filings.

“This shortfall on estimated revenues is serious,” Bhatia said. “More than 50 percent of businesses sought extensions without paying. This number is uncommon and very large. We jave to know who they were and if they are tied to particular sector in order to seek ways for them to pay before June 30.”

The Treasury Department fielded 38,518 corporate income tax filings by the April 15 deadline: 16,167 were tax returns; 2,009 were extension requests with payments; and 20,342 were extension requests without payment.

“That number is unprecedented,” Perelló said. “But we know where the money is and we’ll see why they didn’t pay.”

“If they acted in bad faith the documents will show it,” he added.

Puerto Rico’s wide miss of revenue targets is spurring debate on potentially “dramatic moves” including deeper budget cuts and more taxes for the upcoming fiscal 2015.

The shortfall, first reported by CARIBBEAN BUSINESS Online on Friday, is dominating news radio airwaves this week as economists, Cabinet officials and lawmakers weighed in on ways to shore up revenues to García Padilla’s balanced budget pledge.

Economist Elías Gutiérrez said Monday that with less than two months until the start of fiscal 2015 (July 1), there is no time for most budget adjustments or additional tax hikes. He said that leaves just two avenues to make up for the lagging revenues: issue more debt or lay off government workers.

“The economy is being strangled by the government,” Gutiérrez said in a radio interview. “It isn’t a question of a few companies not paying. It is that half of all businesses can’t pay.”

The only way to cut costs further now is to reduce the public payroll, he said.

“Time has run out. That is the problem,” Gutiérrez said. “Another loan will have to be taken to cover this.”

To cover his $9.64 billion spending plan for next year, García Padilla is calling for more than $1.4 billion in cuts and adjustments by consolidating 25 government agencies and imposing an average 8 percent spending cut for most agencies, among other things in what is being billed as Puerto Rico’s first balanced budget in years. He also pledged $775 million to pay off debt — $525 million more than in last year’s budget. At least 100 underutilized public schools could be closed.

García Padilla vowed again Tuesday that public sector layoffs won’t be considered, a position echoed by Bhatia and Perelló.The two legislative leaders have also ruled out additional tax hikes and new levies.

However, the governor’s proposed spending plan also relies on a range of revenue moves, including tax hikes and relief cuts, aimed at boosting annual income by more than $650 million.

The proposed consolidated budget, which includes federal funds and other government revenues, is $28.13 billion for fiscal 2015, a 3 percent decrease from $29 billion this year.

House Treasury Committee Chairman Rafael “Tatito” Hernández, who is overseeing budget hearings on La Fortaleza’s spending plan, acknowledged Monday that the gulf in business tax payments has changed the whole landscape in terms of analyzing the balanced budget proposal.

Citing a “change in the budget climate,” Hernández opened the door to tax increases or “deeper cuts that are currently being considered as part of education and energy reforms.”

“It’s a question of how far you can cut before reaching the bone,” the lawmaker said in a radio interview.

“If we don’t have enough to cover the budget we’ll have to make dramatic adjustments,” Hernández said.

“Renegotiating the debt is the last alternative,” he added. “Our aim has always been to safeguard the island’s credit.”

Treasury Secretary Melba Acosta told lawmakers during budget public hearings last week that the Treasury Department continues to observe the behavior of revenues in the present fiscal year — while the proposed $9.64 billion budget fiscal 2015 budget plan is being considered — and its effect on estimates so as to keep the Legislature informed of any changes. While preparing the revenue estimates for the fiscal 2015 budget, the fiscal 2014 revenue base was already reduced by $537 million. The Treasury Department is analyzing April revenues to determine whether they could impact fiscal 2015 estimates.

“Certainly, these are not exactly the results we expected. However, at the Treasury Department we will continue working on a fair tax reform that simplifies tax processes and promotes economic development; at the same time, we will continue strengthening oversight efforts to increase capture rate and fight against tax evasion, thus, attaining the financial goals we have set,” Acosta said in a statement on Friday. “Puerto Rico faces difficult and extraordinary times that demand that we all fulfill our responsibilities and contribute towards the reconstruction of our island.”

The $1.18 billion in revenues last month exceeded April 2013 revenues by $196 million, or 20 percent. In April, the month when tax returns are filed, all the principal tax revenue sources reflected increases when compared to last year.

The 6.8 percent increase over last year is due to the revenue measures enacted as part of last year’s budget to reduce the fiscal deficit, specifically the gross receipts tax (patente nacional), and the excise tax rate increase on foreign corporations, according to Acosta.

Nevertheless, April revenues were $442 million below estimates, with $380 million corresponding to the corporate income taxes line revenue. Year-to-date (July-April) revenues are below budget estimates by $356 million.

In the specific case of corporations, the Treasury secretary noted that this fluctuation, which is still being analyzed, is preliminarily attributed to a combination of different factors that were identified after the tax return filing due date, April 15.

“One of the factors that we are closely looking into are the thousands of applications for extensions of time sent with no payments (53 percent), from corporations that did not make estimate payments and the payments they included with the tax returns were below expectations. The time extension for corporations is for three months and ends July 15, 2014. We are closely monitoring this behavior until the time extensions are due to see the results for this line item,” Acosta said.

Acosta said that the Treasury Department is conducting an in-depth analysis of all this in order to take the pertinent actions. Treasury Department personnel are examining the information of the taxpayers in question and contacting those who, according to the agency’s records, should have filed their applications for extension of time with a payment, and did not, or paid less than what they were supposed to.

Corporate taxpayers that filed applications for extensions of time without a payment or with an insufficient payment could be subject to a surcharge of up to 10 percent, plus interest at a 10 percent annual rate.

“There were many extension requests. What draws our attention is the requests were not accompanied by payments,” Acosta said in a radio interview Monday. “That is a little bit strange.”

Other factors that may have influenced the behavior of corporate taxes are: credits and other items that are trailing from previous years that were higher than those taken into consideration in the projections and reduced the tax payments, purchase of tax credits above projections, a timing difference in filing of tax returns by corporations as some close their books on dates other than December 31 (e.g., corporations that close their books on January 31, file their tax returns on May 15).

Sales & use tax collections (IVU by its Spanish initials) reached $105.6 million in April. The year-over-year increase in April, at 13.2 percent, was the highest for any month since the IVU was implemented in 2006. The $376.8 million in IVU collections during the July-April period was $11 million less than estimated.
By CB Online Staff

Governor: Probe eyeing if businesses ‘plotted’ to withhold tax payments

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