Walmart’s Puerto Rico operation is asking the federal court in San Juan to void what it calls an “onerous” and “unconstitutional” tax that unfairly targets the US retail giant.
It said in court papers filed on Friday that the increased levy on purchases from US-based Walmart distribution centers by its island entities constitutes one of the world’s highest taxes and pushes its effective tax rate to 91.5 percent of net income. The tax increase will cost Walmart US$155 million over six years and make its Puerto Rico business unsustainable.
The suit says that Puerto Rico’s Act 72 specifically targets “megastores” such as Walmart that have US mainland-based related entities because local operations are exempt from the tax. It said Puerto Rican Treasury Secretary Juan Zaragoza and other top government officials untruthfully accused it of evading taxes by manipulating the prices paid between related entities to underreport Puerto Rico income.
“In addition to punishing multinational corporations for assumed tax evasion, Act 72’s precursor also had an additional purpose: To protect and promote local businesses,” the suit states.
Puerto Rico Department of Treasury officials did not immediately respond on Saturday to requests for comment.
The lawsuit argues the tax violates the interstate commerce and equal protection clauses of the US Constitution and Federal Relations Act. It asks the court for swift action because the commonwealth’s fiscal crisis might impede its ability to refund tax payments found to be unconstitutional.
The government announced in June that it would seek to restructure almost US$72 billion in debt with an economy that has been declining for more than a decade.
Walmart said its island operations consist of 55 stores that employ 15,000 people. It collects US$100 million in sales tax annually, more than any other entity, and buys US$1.6 billion in products from Puerto Rican suppliers, the suit said.
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