it’s happening in PUERTO rico There are hundreds of investors taking advantage of doing business in Puerto Rico. They relocated with their businesses to the Island and are benefiting from a world-class workforce, advanced infrastructure, global experience, generous tax incentives, and the U.S. legal framework. They are also enjoying golfing in some of the most amazing courses in the world.
Superior location. AGgressive incentives. Great living.
0% taxes on all dividends and interest income 0% taxes on all capital gains 4% corporate tax rate Discover everything that Puerto Rico's Business Star can do for you:
BUSINESSinPUERTORICO.COM
The evaluation of applications to receive the incentives and benefits here described are subject to the dispositions applicable under the law and regulations. Refer to www.businessinpuertorico.com for more information.
SPECIAL REPORT
PUERTO RICO G A T E WA Y TO THE US & LATIN A M E R I CA Due to its many advantages, including direct access to the US and other international markets, Puerto Rico is an ideal gateway for insurers and reinsurers wishing to enter the Latin American insurance and financial market.
Since 2005, the International Insurers and Reinsurers Division of the Office of the Commissioner of Insurance of Puerto Rico (OCI) has sought to promote Puerto Rico as an important member of the international insurance arena. The Government of Puerto Rico adopted this initiative as part of its economic agenda for the 21st century. The OCI supervises the International Insurers and Reinsurers Division, while the Department of Economic Development and Commerce oversees the promotion of the office’s work and the extension of tax decrees, outlined below.
fully bilingual (Spanish and English) corporate culture have helped the Government of Puerto Rico attract and retain high technology, capital-intensive manufacturing industries. Puerto Rico has dedicated billions of dollars to its local infrastructure, which features stateof-the-art communication and technological systems, as well as modern transportation and shipping facilities. Puerto Rico’s service sector has become one of its fastest growing industries. Under the US flag, Puerto Rico’s free market economy is subject to both federal and state regulations designed to protect free market competition specifically within, but not limited to, the insurance and banking industries. Along with the use of US currency and general allowance of free flow of funds abroad, this regulatory structure guarantees sound credit and investment practices. Legal protection
WHY PUERTO RICO? Puerto Rico has a privilaged prime geographical location, that offers easy access to the US and Latin America. The advantages of a
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subsidiary in order to finance offshore operations and conduct certain financial transactions under the provisions and tax incentives of Act 273. The company’s principals have the opportunity of relocating to Puerto Rico in order to manage and oversee operations under favorable tax incentives on their passive income and dividend distributions from their offshore operations. That company can also establish their headquarter operations in Puerto Rico under Act 20 and provide eligible services to subsidiaries and clients outside of Puerto Rico, all while receiving favorable tax treatment. Collectively, these laws can support companies expansively, strengthening the business climate and stimulating the emergence of several industries including financial services, technology and insurance centers.
totally exempt from Puerto Rico income taxes in Puerto Rico • Act 273 (Financial Investment Center): Offers tax exemptions to a wide range of traditional banking activities for clients outside of Puerto Rico, including trust services, refinancing, underwriting, managing high-risk funds, lending and clearinghouse services and other financial services These Acts deliver a significant competitive advantage for those interested in moving their business or family to Puerto Rico. The benefits can be further amplified when leveraging combined Act incentives. For example, an insurance company can set up either a captive, International Insurer or International Reinsurer operating under the confines of Act 399 in order to manage offshore risks under a preferential tax environment. The same company can establish a
CONTACT INFORMATION Office of the Commissioner of Insurance of Puerto Rico B5 C/Tabonuco Suite 216, PMB 356 Guaynabo, PR 00968-3029 787-304-8000 / www.ocs.gobierno.pr Department of Economic Development and Commerce 355 FD Roosevelt Ave., Suite 401, Hato Rey, PR 00918 PO Box 362350, San Juan, PR 00936-2350 (787) 765-2900 / www.ddec.pr.gov You can also find more information about Puerto Rico and its incentives at: BUSINESSinPUERTORICO.com SPECIAL REPORT
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“AFTER UNDERTAKING MY OWN RESEARCH, I WAS AMAZED THAT THE WORLD KNEW NOTHING OF THE INTERNATIONAL INSURANCE CENTER PLATFORM. I THEREFORE SET OUT TO UNDERSTAND IT MYSELF AND ITS IMPLICATIONS FOR PUERTO RICO AND THE VAST WORLD OF INSURANCE AND REINSURANCE. WITH 50 YEARS IN THE LONDON MARKET I CAN RECOGNIZE A GOOD THING IN THE MARKET WHEN I SEE IT: PUERTO RICO” Colin Spreckley, former Chairman of a major Lloyds Managing Agency /////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// insurers from state and donation taxation procedures • International insurers are also subject to an annual license authorization renewal fee • Tax treatment guaranteed by a 15 year tax decree, renewable for two additional 15 year periods
INTERNATIONAL INSURERS ARE SUBJECT TO AN ANNUAL LICENSE AUTHORIZATION RENEWAL FEE BASED ON PREMIUM LEVEL ANNUAL PREMIUM (No greater than)
ANNUAL FEE
SUITE OF PUERTO RICO TAX INCENTIVES DRAW INTERNATIONAL INTEREST & INVESTMENT
25,000,000 $5,000 50,000,000 $10,000
In addition to the tax exemptions provided under the International Insurers and Reinsurers Act of Puerto Rico, companies seeking to move insurance operations to Puerto Rico can also benefit from the island’s larger set of economic incentives. In an effort to bolster Puerto Rico’s economic development, the local government is focused on promoting business through tax laws, which serve to attract insurance companies, investors and offshore financial services firms and to stimulate the export of services.
75,000,000 $20,000 100,000,000 $35,000 150,000,000 $50,000 250,000,000 $65,000 > 250,000,000 $75,000
In addition to Act 399, these laws include: by the international insurer and international insurance holding company • Exemption on municipal franchise, real and personal property taxes • Exemption to the internationalinsurer and qualifying international insurance holding company from withholding taxes on payments of dividends and other profit distributions made to third parties • Isolation of the proceeds and benefits paid by international
• Act 20 (Knowledge Services): Offers several tax incentives, including a 4% flat tax rate, for a wide variety of services provided from Puerto Rico to clients off the island, including capital investment services, software development, data processing centers, among other service industries • Act 22 (Individuals): Offers tax benefits to new residents of Puerto Rico (requires 183 days of living in Puerto Rico , minimum). under Act 22, interests, dividends and capital gains could be
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A S KEN KOTCH, PRINCIPAL OF RYAN LLC EXPLAINED, HE REVIEWED A NUMBER OF DOMICILES AS POTENTIAL HOMES FOR ITS CAPTIVE INSURANCE ENTITIES, BUT DECIDED, AFTER EXAMINING THE PROS AND CONS OF VARIOUS U .S . CAPTIVE JURISDICTIONS, THAT “ P UERTO R ICO WAS BY FAR THE BEST OPTION FOR US AND THE MAJORITY OF OUR CURRENT AND FUTURE CLIENTS” .
“PUERTO RICO’S DOMESTIC INSURANCE INDUSTRY, SEPARATED FROM THE OFFSHORE PLATFORM, OFFERS A POOL OF AVAILABLE INSURANCE PROFESSIONALS THAT CAN SUPPORT THE CAPTIVE’S OPERATIONS”
Erick Negrón, Special Counsel of Rexach & Picó and well developed agency, providing full monitoring of the market in the areas of financial examination, financial analysis, market conduct, actuarial analysis, legal affairs, services to producers/ consumers, investigations, hearing officers and international insurance licensing. The OCI is also a participating member of the Association of Insurance Superintendents of Latin America (ASSAL). The OCI regulates 50 domestic insurers and 358 foreign insurers and reinsurers with a premium volume that reached $10.5 billion in 2013. These risk takers are served by over 11,000 intermediaries and close to nine thousands employees. Health and Disability, with a 72% share, is the traditionally dominant sector, being heavily subsidized by federal and state government. In 2013, after years of self- adjusting to a rapidly changing global insurance arena, the international insurance sector proved to be a strong growth driver for the island’s insurance industry. Following an average growth of 38% in five years, with over 100 regulated entities doing business in a
is provided under both federal and state constitutions, with legal redress available in federal or state courts. Puerto Rico’s economy enjoys both fiscal and tax autonomy with respect to the US Tax Code, with special distinctions made in several areas. The companies already taking advantage of Puerto Rico’s favorable conditions can attest to this fact. In addition, Puerto Rico offers significant labor cost savings when compared to other domiciles.
INSURANCE ARENA Puerto Rico’s insurance legislation is strongly influenced by the National Association of Insurance Commissioners’ (NAIC) model laws, regulations and trends; although unique features of Puerto Rico’s local insurance arena are thoroughly attended to as well. The OCI’s long history of regulatory expertise is another reason to consider Puerto Rico as a viable alternative to transact insurance business. A NAIC accredited regulator since 2012, the OCI is a mature
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SPECIAL REPORT
PUERTO RICO
2014
2015
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INTERNATIONAL INSURERS ARE LICENSED ON A CLASS BASIS WITH THE FOLLOWING DEFINITIONS, CAPITAL AND SURPLUS REQUIREMENTS TYPE OF LICENSE
DESCRIPTION OF AUTHORITY • Authority to transact insurance and reinsurance related to risks from the sole owner of the international insurer, any affiliated owner or other affiliate of the international insurer; 51 % of Third Party risks permitted to comply with regulations of domicile where the risks are assumed
CAPITAL REQUIREMENTS
FEES & CHARGES
• $500,000 capital and surplus
• $350 general application fee
• 5:1 premium to surplus ratio
• $1,100 authorization fee
• Authority to transact insurance and reinsurance related to risks of the owners, whether or not said owners are affiliates of the international insurer or of any of their respective affiliates and risks that arise from the business transactions of said owners of affiliates, as may be determined by the Commissioner, or
• $750,000 capital and surplus, of which $500,000.00 must be paid In capital
• $350 general application fee
• Any other risk that does not exceed the total of 20% of the net premiums written by the international insurer
• 3:1 regarding third party risks
CLASS 3 AUTHORITY “Property casualty”
• Authority to transact Property & Casualty insurance and reinsurance, excluding High Limits Casualty and Property Insurance
• $1,500,000 capital and surplus, of which $500,000 must be paid in capital
CLASS 4 AUTHORITY “Unrestricted property & casualty”
• Authority to transact Property & Casualty insurance and reinsurance, including High Limits Casualty and Property Insurance
CLASS 1 AUTHORITY “Pure captives”
CLASS 2 AUTHORITY “Association captives”
CLASS 5 AUTHORITY “Unrestricted life & disability”
CLASS 6 AUTHORITY “Risk Securitization Program”
• Assumption of domestic risk permitted under regulation
• Assumption of domestic risk permitted under regulation
• Authority to transact Life & Disability insurance and reinsurance • Assumption of domestic risk permitted under regulation
• 5:1 premium to surplus ratio;
• $350 general application fee • $2,850authorization fee
• 3:1 premium to surplus ratio • $100,000,000 capital and surplus, of which $2,000,000 must be paid in capital • 2:1 premium to surplus ratio • $750,000 capital and surplus, of which $750,000 must be paid in capital
• $350.00 general application fee • $25,350.00 authorization fee
• $350 general application fee • $1,100.00 authorization fee
• 4:1 premium to surplus
NO CAPITAL REQUIREMENT
• Unrestricted L & H or P & C • Securitization Programs
• $1,350 authorization fee
• $350 general application fee • $25,350 authorization fee
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INTERNATIONAL INSURER
myriad of operating plans, Puerto Rico’s international insurance sector is positioned to be the center of attention for external investment and a spark of innovation to our domestic human capital.
• An entity organized to conduct insurance business outside Puerto Rico • Includes reinsurers, captives and associated captive company structures
LEGAL BACKGROUND
BRANCH OF FOREIGN INSURER
Act No. 399 and Act No. 400 in Chapter 61 of Puerto Rico’s Insurance Code were adopted in order to establish the basis for the International Insurance Center (IIC), which provides a competitive environment for reinsurers to cover risks in and out of Puerto Rico under a secure and flexible regulatory system, with attractive tax benefits. On June 2011, Act No. 98 was passed to provide long-term tax status that will guarantee the tax treatment for an initial period of 15 years, renewable for two additional 15-year periods. Most recently, in an effort to stay on top of current trends and to make sure insurance legislation and regulation continues to meet the highest standards, Act 39-2014 was enacted. This new Act sets the guidelines for the assumption of domestic risks, regulates third party risk assumption by captives and facilitates the organization of insurance linked security programs. International insurance entities can choose how to organize and
• Maintains a main office in Puerto Rico • Segregates assets under a trust constituted pursuant to the laws of the Government of Puerto Rico • The deed of trust and all its amendments made according to the manner established by the Insurance Commissioner • Has assets in trust in an amount at least equal to 150% of the capital and surplus required, or in the case of a Class 4 insurer, 110%
PROTECTED CELL COMPANIES • With prior approval from the Commissioner, an international insurer may establish and operate one or more segregated asset plans • Assets of a Segregated Asset Plan approved by the Commissioner are available solely for the payment of obligations specifically identified in the corresponding operation plan, and not available for the payment of obligations of other segregated assets plans or of the general obligations of the insurer • No Segregated Asset Plan shall be considered as an entity with a jurisdictional personality separate from that of the international insurer
operate within the IIC. Their options include operating as an international insurance holding company, as an international insurer or a branch of an international insurer, or in protected cell arrangements.
INTERNATIONAL INSURANCE HOLDING COMPANY • Is a holding company that must hold interests (shares and other securities) in an international insurer or international insurance holding company organized under Chapter 61 of the Insurance Code of Puerto Rico • May control international insurers or other international insurance holding companies, or businesses that are incidental and that provide services exclusively to international insurers with which they maintain a relationship as subsidiaries or affiliates • Maintains its cash, equivalents and other investments in a proportion of no more than 1:1 with other insurance related assets, including interest in the international insurer
TAX TREATMENT FOR INSURERS AND REINSURERS Tax exemptions conferred under the International Insurers and Reinsurers Act of Puerto Rico include: • $1.2 million tax exemption on net income. Exemption applicable at the individual cell level for protected cell company arrangements and at the company level. Preferred 4% tax rate on net income • Exemption from premium taxes • Exemption on dividends and other profit distributions made
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“THE TAX CONCESSIONS OFFERED UNDER LAW 399 MAKE IT VERY ATTRACTIVE FOR LATIN AMERICAN AND OTHER INTERNATIONAL COMPANIES TO CONSIDER PUERTO RICO AS A BASE OF OPERATIONS FOR CAPTIVE AND/OR REGIONAL INSURANCE AND REINSURANCE VENTURES.” Anthony Phillips, Managing Director of Willis of Re Latin America and Caribbean ////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
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SPECIAL REPORT
PUERTO RICO
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2015
SPECIAL REPORT
PUERTO RICO