January 25, 2023
2023-0155 Puerto Rico's Treasury Department announces qualified retirement plan limits for 2023 In Circular Letter 23-01, Puerto Rico's Treasury Department (PRTD) has announced the benefits and contribution limits for qualified retirement plans under Section 1081.01(a) of the Puerto Rico Internal Revenue Code of 2011, as amended (the PR Code), for tax years beginning on or after January 1, 2023. Section 1081.01(h) of the PR Code requires the PRTD to report the applicable limits that are announced by the US Internal Revenue Service (IRS) and will apply to plans qualified under the PR Code. The dollar limitations for qualified retirement and certain non-qualified plans that became effective January 1, 2023, were released by the IRS in Notice 2022-55. See Tax Alert 2022-1635 for further details. The following table shows the plan limitations for 2023, some of which slightly increased from those applicable for 2022: Description | 2022 Limit | 2023 Limit | Defined benefit plan limit for annual benefits PR Code Section 1081.01(a)(11)(A)(i) | $245,000 | $265,000 | Defined contribution plan limit for annual contributions PR Code Section 1081.01(a)(11)(B)(i) | $61,000 | $66,000 | Annual limit on compensation PR Code Section 1081.01(a)(12) | $305,000 | $330,000 | Highly compensated employee dollar threshold PR Code Section 1081.01(d)(3)(E)(iii)(III) | $135,000 | $150,000 | Deferral limit — dual qualified plans & federal government retirement plan1 PR Code Section 1081.01(d)(7)(A)(ii) | $20,500 | $22,500 | Dollar limitation for catch-up contributions for participants of federal government retirement plans PR Code Section 1081.01(d)(7)(C)(v) | $6,500 | $7,500 | Deferral Limit — PR only qualified plans PR Code Section 1081.01(d)(7)(A)(i) | $15,000 | $15,000 | Dollar limitation for catch-up contributions for participants of PR only and dual qualified retirement plans PR Code Section 1081.01(d)(7)(C)(i) | $1,500 | $1,500 | Participant after-tax contribution limit PR Code Section 1081.01(a)(15) | 10% of participant's aggregate compensation for all years of participation in the plan | 10% of participant's aggregate compensation for all years of participation in the plan |
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Published by NTD’s Tax Technical Knowledge Services group; Jennifer A. Brittenham, legal editor ———————————————
ENDNOTE 1 The limit is $20,000 when the employee also contributes to an IRA. |
