My CPA says my SaaS app may not qualify.
from PRelocate:
- Research and development
- Advertising and public relations
- Consulting services, including, but not limited to, economic, scientific, environmental, technological, managerial, marketing, human resources, computer, and auditing consulting services
- Advice services on matters related to any trade or business
- Creative industries
- Production of blueprints, engineering, and architectural services, and project management
- Professional services such as legal, tax, and accounting services
- Centralized managerial services, including, but not limited to, strategic direction, planning, and budgeting, provided by regional headquarters or a company engaged in the business of providing such services
- Electronic data processing centers
- Development of licensable computer software
- Telecommunications voice and data between persons located outside of Puerto Rico
- Call centers
- Shared service centers
- Storage and distribution centers
- Educational and training services
- Hospital and laboratories services, including telemedicine facilities and medical tourism services
- Investment banking and other financial services, including, but not limited to, asset management, management of investment alternatives, management of activities related to private capital investment, management of coverage funds or high-risk funds, management of pools of capital, trust management that serves to convert different groups of assets into securities, and escrow account management services
- Commercial and mercantile distribution of products manufactured in Puerto Rico for jurisdictions outside Puerto Rico
- Assembly, bottling, and packaging operations of products for export
- Trading companies
- Blockchain-related services
The eligible business must not have a nexus with Puerto Rico. In other words, the service must not be related to the conduct of a trade, business, or other activity in Puerto Rico to qualify for the benefits of the Act. In general, this means the clients of the business need to be outside of Puerto Rico. The following services are considered to have a nexus with Puerto Rico, and are be eligible services:
- Business or income-producing activities that are or have been performed in Puerto Rico by the applying business
- The sale of any property for the use, consumption, or disposition in Puerto Rico
- Counseling on the laws, regulations, and administrative determinations of the government of Puerto Rico and its instrumentalities
- Lobbying on the laws, regulations, and administrative determinations of the government of Puerto Rico and its instrumentalities
- Any other activity designated by the Secretary of the Department of Economic Development and Commerce of Puerto Rico
- In order to be eligible, businesses that generate an annual business volume of at least $3,000,000 must also directly employ at least one full-time employee. The employee must be a Puerto Rican resident and directly participate in the business activities pertinent to the decree.
also from PRelocate:
existing businesses can qualify for the Act 60 business tax incentives in one of two ways:
- Moving the entire company, including employees, to Puerto Rico and ceasing all operations in the United States
- Establishing a Puerto Rico subsidiary and recording the percentage of business income and expenses related to the Puerto Rico entity so that it can be taxed under the Act 60 incentives