(a) The tax imposed by this part on the dividends derived from industrial development income received by corporations organized under the laws of any state of the United States engaged in trade or business in Puerto Rico shall be credited by three percent (3%) of the investment made by the subsidiary before January 1, 1993, in the acquisition, construction and enlargement of buildings and other structures used in the manufacture in excess of the investment in such properties possessed by the subsidiary as of March 31, 1977. In such cases of corporations which have not enjoyed tax exemption under §§ 10641 et seq. of this title, known as the “Economic Incentives Act for the Development of Puerto Rico”, or any other preceding similar law, any other law that substitutes or supplements them, for two (2) taxable years, this credit shall be allowed to the parent corporation for the increase in investments made by the subsidiary after the termination of its second year of tax exemption. This credit may be carried forward to subsequent taxable years.
(b) The investments in real property made for the purpose of obtaining the waiver provided in § 10042(a)(6) of this title of the Puerto Rico Tax Incentives Act, as amended, may not be used for purposes of this section.
History —Jan. 31, 2011, No. 1, § 1051.05, retroactive to Jan. 1, 2011.