Dear friends and valued clients,

Recently, one of our clients asked whether the identities of Act 60 beneficiaries are public information and what specific details are available.

What the Law Requires

Under Section 6011.08 of Law 60-2019, the Department of Economic Development and Commerce (DDEC) must publish an annual report (“Informe de Incentivos”) summarizing all incentive applications and approvals.

This report is required to include, at a minimum:

• Name of the Exempt Business and its main shareholders
• Date of application and approval of the decree
• Preferential tax rates granted
• Municipality where the business operates
• Employment and investment data, compared to commitments
• Value of imports, local purchases, and exports
• Estimated return on investment (ROI) for each incentive program

What Is Actually Published?

Recently, the DDEC has published annual reports and performance evaluations, but the level of detail has varied.

For example:

• The most recent reports may not list every beneficiary’s name or the names of all main shareholders.
• They usually provide aggregate data and sometimes lists of beneficiaries by decree and approval date.

The “Performance Evaluation of Economic Incentives” may include the beneficiary’s name and the decree approval date, but typically do not include addresses or other personal information.

Are Addresses Included?

No, the DDEC’s public lists and annual reports do not include physical addresses of beneficiaries.

However:

• The existence of a decree
• The name of the exempt business or individual investor

are considered public information.

Can You Find More Details Elsewhere?

While the DDEC’s reports do not provide addresses, some information may be found through other agencies:

• Registro de la Propiedad (Property Registry): May show ownership and addresses, but not directly tied to Act 60 status.
• CRIM (Municipal Tax Collection Center): Includes property tax data with addresses.
• Department of State (Registro de Corporaciones): Corporate filings often include business addresses and agent information.

Key Takeaways for Clients

• The existence of a decree and the name of the exempt business or investor are public information.
• Reports may list beneficiaries and approval dates, but not personal addresses.
• Addresses may be available through other government records, but not directly tied to Act 60 status.
• The DDEC must publish detailed reports, but the actual content may vary in practice.

Looking Ahead

The DDEC is committed to improving transparency and data reporting. Future reports may provide more detailed beneficiary information, but for now, the emphasis remains on aggregate data and decree listings.

Any questions? Do not hesitate to contact us today.