The Puerto Rican debt crisis
is an ongoing financial crisis related to the amount of debt owed by the
government of Puerto Rico . The island has more
than US$70 billion of outstanding debt, with a debt-to-GDP ratio of about 68%.
In February 2014, various American credit rating agencies downgraded the
government's debt to non-investment grade.
The crisis has causedPuerto Rico 's government to adopt policies that will
ideally reduce costs drastically, increase revenues, and spark economic growth
so that it can better fund its debt obligations. Puerto
Rico 's economy has been described as precarious, weak, and
fragile, and aggravated by social distrust and unpleasantness.
On August 3, 2015,Puerto Rico defaulted on a $58 million bond payment to
the Public Finance Corporation, a subsidiary of the Government Development Bank,
while other financial obligations were met.
In June 2016, President Barack Obama signed into law the PROMESA, which empowered him to appoint an Oversight Board that has ultimate control over the Commonwealth's budget and its debt restructuring. The Oversight Board extended a moratorium on debt collection lawsuits by creditors until May 1, 2017. Creditors sued as soon as the stay expired, and on May 3, 2017, the Commonwealth sought the quasi-bankruptcy protections provided by PROMESA
Beginning with Christopher Columbus's arrival on the island in 1493,Spain
colonized Puerto Rico . In 1898, Puerto Rico
was ceded to the United
States , at the end of the Spanish–American
War. The United States
then refused to pay the colony's creditors, asserting they held odious debt.
Prior to 1898, the people of Puerto Rico had Spanish citizenship; after Puerto Rico stopped being part ofSpain , the people of Puerto
Rico effectively lacked citizenship from a sovereign country: they
were neither Puerto Rican citizens, nor American citizens, nor Spanish
citizens. In April 1900, President William McKinley signed the Foraker Act,
which allowed popular election of only the House of Representatives of Puerto
Rico.
In the Insular Cases, the Supreme Court of theUnited States ,
determined that the United States
Constitution does not fully apply in Puerto Rico because it is an
"unincorporated" United States
Territory , meaning that it would not
necessarily become a U.S.
state.
The U.S. Supreme Court reaffirmed Puerto Rican citizenship in Gonzales v. Williams (1904), which denied that Puerto Ricans were United States citizens and labeled them as non-citizen US nationals. This ruling effectively protected Puerto Ricans from conscription in theUnited States . In March 1917 and
while preparing to enter World War I, President Woodrow Wilson signed the Jones–Shafroth
Act, which gave Puerto Ricans citizenship of the United States and allowed
popular election of the Senate of Puerto Rico. After the President declared war
in April 1917, many Puerto Ricans were then drafted.
The Jones-Shaforth Act exempted Puerto Ricans from paying federal income tax and provided a tax credit that allowedU.S.
companies to effectively operate on the island tax free. The Act exempted
interest payments from bonds issued by the government of Puerto
Rico and its subdivisions from federal, state, and local income
taxes (so called "triple tax exemption") regardless of where the bond
holder resides. This right made Puerto Rican bonds attractive to municipal bond
investors. This advantage differs from the restriction typically imposed by
municipal bonds enjoying triple tax exemption where such exemptions solely
apply for bond holders that reside in the state or municipal subdivision that
issues them.
This factor led Puerto Rico to issue bonds that were always attractive to municipal investors, regardless ofPuerto Rico 's account balances. Puerto Rico thus began to issue debt to balance
its budget, a practice repeated for four decades since 1973. The
island also began to issue debt to repay older debt, as well as refinancing
older debt possessing low interest rates with debt possessing higher interest
rates. In 1984,
Congress explicitly forbade Puerto Rico from
declaring bankruptcy under Chapter 9, Title 11, United States Code.
Between 1996 and 2006, Congress eliminated the tax credits, causing the island to lose 80,000 jobs, its population to shrink, and its economy to contract in all but one year since the Great Recession. Because the Constitution of Puerto Rico established that "all available resources" must first go towards payment of the Commonwealth's general obligation bonds, in 2006, the Commonwealth began issuing Puerto Rico Sales Tax Revenue Bonds, which sought to avoid its constitution's limits by being paid directly into a separate urgent interest fund. Sales tax was increased to 11%. The last property tax assessment was done in 1958.
It was not until Puerto Rico enlarged its outstanding debt to US$71 billion—an amount approximately equal to 68% of Puerto Rico's gross domestic product (GDP)—that Puerto Rican bonds were downgraded to non-investment grade (better known as "junk status" or speculative grade) by three bond credit rating agencies between February 4 and 11, 2014. This downgrade triggered bond acceleration clauses that requiredPuerto Rico to repay certain debt instruments within
months rather than years. Investors were concerned that Puerto
Rico would eventually default on its debt. Such default would
reduce Puerto Rico 's ability to issue bonds in
the future. Puerto Rico currently states that
it is unable to maintain its current operations unless it takes drastic
measures that may lead to civil unrest. There have already been protests over
the austerity measures. These events,
along with a series of governmental financial deficits and a recession, have
led to Puerto Rico 's current debt crisis.
The crisis has caused
On August 3, 2015,
In June 2016, President Barack Obama signed into law the PROMESA, which empowered him to appoint an Oversight Board that has ultimate control over the Commonwealth's budget and its debt restructuring. The Oversight Board extended a moratorium on debt collection lawsuits by creditors until May 1, 2017. Creditors sued as soon as the stay expired, and on May 3, 2017, the Commonwealth sought the quasi-bankruptcy protections provided by PROMESA
Background
Beginning with Christopher Columbus's arrival on the island in 1493,
Prior to 1898, the people of Puerto Rico had Spanish citizenship; after Puerto Rico stopped being part of
In the Insular Cases, the Supreme Court of the
The U.S. Supreme Court reaffirmed Puerto Rican citizenship in Gonzales v. Williams (1904), which denied that Puerto Ricans were United States citizens and labeled them as non-citizen US nationals. This ruling effectively protected Puerto Ricans from conscription in the
The Jones-Shaforth Act exempted Puerto Ricans from paying federal income tax and provided a tax credit that allowed
This factor led Puerto Rico to issue bonds that were always attractive to municipal investors, regardless of
Between 1996 and 2006, Congress eliminated the tax credits, causing the island to lose 80,000 jobs, its population to shrink, and its economy to contract in all but one year since the Great Recession. Because the Constitution of Puerto Rico established that "all available resources" must first go towards payment of the Commonwealth's general obligation bonds, in 2006, the Commonwealth began issuing Puerto Rico Sales Tax Revenue Bonds, which sought to avoid its constitution's limits by being paid directly into a separate urgent interest fund. Sales tax was increased to 11%. The last property tax assessment was done in 1958.
It was not until Puerto Rico enlarged its outstanding debt to US$71 billion—an amount approximately equal to 68% of Puerto Rico's gross domestic product (GDP)—that Puerto Rican bonds were downgraded to non-investment grade (better known as "junk status" or speculative grade) by three bond credit rating agencies between February 4 and 11, 2014. This downgrade triggered bond acceleration clauses that required
Causes
- Cessation of Federal Subsidies
- Mismanagement and Disparity
- Economic Depression
- Tax Policy
- Disparity in Federal Social Funding
- Triple Tax Exemption
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