Rum Tax Cover-Over Program
The federal excise tax on rum produced in Puerto Rico is collected by the U.S. Treasury and 'covered over' (returned) to Puerto Rico's government — but this arrangement, often cited as a benefit of territorial status, actually returns Puerto Rico's own economic output while Congress retains the power to reduce or eliminate it at any time.
The rum tax cover-over is one of the most misunderstood aspects of Puerto Rico's fiscal relationship with the United States. Under Section 7652 of the Internal Revenue Code, excise taxes collected on rum produced in Puerto Rico and sold in the mainland United States are 'covered over' — returned — to the Puerto Rican treasury.
How It Works:
- Federal excise tax on distilled spirits: $13.50 per proof gallon (as of 2024)
- Puerto Rico receives the tax revenue from rum produced on the island
- In recent years, this has amounted to approximately $400-700 million annually
- The cover-over rate has fluctuated; Congress temporarily raised it to $13.25/gallon in 2010
Why It's Not a 'Benefit':
- The rum is produced in Puerto Rico by Puerto Rican workers using Puerto Rican resources
- The tax is on Puerto Rico's own economic output
- The 'cover-over' merely returns what was taken — it is not a federal transfer or subsidy
- Congress can reduce the cover-over rate at any time, with no input from Puerto Rico
- Multinational rum companies (Bacardi, Diageo) have played Puerto Rico and the U.S. Virgin Islands against each other to extract subsidies
Colonial Dynamics:
- The cover-over arrangement gives Puerto Rico fiscal dependency on a revenue stream that Congress controls
- When Congress debates changing the cover-over rate, Puerto Rico must lobby for its own money — the same dynamic as a colony petitioning the metropole
- The USVI and Puerto Rico compete for rum companies by offering tax incentives, creating a race to the bottom that benefits corporations at the expense of both territories
- The entire arrangement exists because Puerto Rico lacks the sovereignty to set its own trade and tax policy
The rum cover-over illustrates how colonial fiscal arrangements can be dressed up as benefits while actually maintaining dependency and control.
Sources
-
Rum Tax Cover-Over - CRS Report
https://crsreports.congress.gov/product/pdf/R/R43596 -
IRC Section 7652 - Cornell Law
https://www.law.cornell.edu/uscode/text/26/7652