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Puerto Rico ramps up efforts to collect online travel taxes
Follows tax haven charges, debt issues, sales tax hike & asteroid rumor

August 22, 2015

Puerto Rico has been in the news a lot this year, and not for its attributes as a Caribbean vacation spot.

Coast Guard Barque Eagle en route to San Juan Puerto Rico_DVIDS_Wikimedia Commons
Coast Guard Barque Eagle sailing past the 16th-century Fort San Felipe del Morro in San Juan, Puerto Rico, on May 21, 2014, as it head for a four-day port call. Image courtesy the Defense Video & Imagery Distribution System and Wikimedia Commons.

The U.S. island territory has been criticized for being a tax haven for wealthy Americans.

Its overall finances have come under scrutiny after Puerto Rican leaders wanted to declare bankruptcy to write off its $72 billion debt.

In lieu of going bust, which isn't possible without a law change by the U.S. Congress, Puerto Rico opted instead to try to raise more money by hiking its sales tax rate from 7 percent to 11.5 percent. That's the highest sales tax in any U.S. jurisdiction.

There's even been a warning that an asteroid will hit near the island sometime month. Don't cancel your vacation reservations. NASA says that Internet rumor is not true.

Online travel tax battle: While Puerto Rico won't have to worry about a disaster from outer space, it is fighting a tax battle over terrestrial space, specifically hotel rooms.

The government-run Puerto Rico Tourism Company filed a federal lawsuit in 2014 against Expedia, Priceline, Orbitz and other online travel companies (OTC), complaining that they have underpaid the island's 9 percent room tax since 1999.

That 9 percent rate is this week's By the Numbers figure.

OTCs purchase room nights from hotels at reduced rates, then rent the rooms via the Internet at a markup, but still at a cheaper rate than the hotel's going rate. In many cases, the hotels don't know the amount charged to the consumer.

There's no mention of the amount that Puerto Rico estimates it has last over the years from the tax nonpayment. It no doubt, though, that it's in the high millions for a nation that relies heavily on tourism. One estimate of the total amount of unpaid room tax nationwide is growing at a rate of around $500 million a year.

The latest legal battle in the Puerto Rico case is over the tourism office's request to have the case decided by a jury. The OTCs objected, saying that the issue is a question of law and not of fact.

"It would be unusual to have a jury trial," Jerry Donnini of Moffa, Gainor, & Sutton PA in Fort Lauderdale, Florida, told Tax Notes. "It's a question of law, and jurors aren't going to be excited to hear a tax case. They might fall asleep, or you'll have an uninformed jury."

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TAX-SAVVY WAYS 
TO WRAP UP 2026

It’s over! With October’s extended filing deadline behind us, it is now time to focus on year-end moves to reduce your 2026 tax bill. 

You’ll find ways to do just that on the Tax Tips page (see the More Tax Posts drop-down menu at the top of the blog), as well as the separate tax tip pages for each month, notably October through December. If you’re on the Tax Tips page, you’ll find a monthly list at the end of this column. If you’re on another blog page, you can head straight to the October tips; at the bottom of that tips page you’ll find links to all the other 11 months’ collections of tax advice.

Not to spoil what you’ll find in that tax advice, but it does cover such things as tax deductions for charitable donations, investment moves that could reduce tax due, and ways to max out your tax-favored retirement savings. 

Finally, as the year winds down, things get hectic. There are lots of other things to occupy our time, like the much more fun upcoming holidays. But don’t lose sight of taxes, since timing is key. To be of use, most tax moves must be made by the end of the tax year. That’s Thursday, Dec. 31, which also is the last business day of the year. 

So that you don’t miss that final tax year deadline, also keep an eye on the countdown clock below. It will keep you on top of just how much time is left to make important, tax-saving moves. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

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