Overview
The Resident Individual Investor regime was introduced by Act 22-2012 and consolidated in Section 2021.01 et seq. of the Puerto Rico Incentives Code (Act 60-2019). Act 38-2026, enacted on 10 March 2026 and clarified by DDEC Informative Bulletin 2026-004 of 24 April 2026, extends the programme to 31 December 2055. Applications received on the Incentives Portal by 11:59 pm on 31 December 2026 are processed under the existing rules: generally 0% Puerto Rico tax on interest, dividends and capital gains accrued after becoming resident, with a decree expiring on 31 December 2035. Applications filed from 1 January 2027 receive a fixed 4% rate on the same income until 31 December 2055. Gains on appreciation that accrued before the move are taxed at 5% if recognised after ten years of residence.
The decree is meaningful only for someone who genuinely lives in Puerto Rico. For US federal purposes, a US citizen must be a bona fide resident under IRC §937: broadly, presence of at least 183 days in the tax year (or one of the alternative presence tests), no tax home outside Puerto Rico, and no closer connection to the United States or another country. A bona fide resident excludes Puerto Rico-source income from federal gross income under IRC §933, but remains taxable federally on US-source income, such as most dividends paid by US corporations. Gains on assets held before the move may be treated as US-source to the extent of pre-move appreciation if recognised within ten years. Form 8898 must be filed in the year residence changes where worldwide income exceeds US$75,000, and the IRS runs an active compliance campaign on Act 60 relocations.
Annual obligations are substantive. The holder must donate at least US$10,000 each year to Puerto Rico non-profits: under DDEC Circular Letter 2026-001, US$5,000 to listed child-poverty organisations, US$2,500 to the Social Equality Special Fund and US$2,500 to other eligible entities. Within two years of the decree the holder must buy a primary residence in Puerto Rico from an unrelated seller and keep it for the decree's term; for applications filed from 2027 it must be held directly, jointly with a spouse or through a grantor trust and recorded in the Property Registry. An annual report with evidence of compliance is filed with the OIN.
The decree does not create a right to live in Puerto Rico. US citizens may move freely; other nationals must hold a US immigration status, typically a green card such as the EB-5 investor route, and any later citizenship is US citizenship obtained under federal naturalisation law. Family members follow their own immigration and tax position, so spouses and adult children should be assessed individually.
Key benefits
- 0% Puerto Rico tax on qualifying interest, dividends and post-move gains until 2035 for applications filed by 31 December 2026
- Fixed 4% rate until 2055 for applications filed from 1 January 2027, giving long-term certainty
- Puerto Rico-source income of bona fide residents excluded from US federal income tax under IRC §933
- No minimum investment amount, no language test and no requirement to renounce US citizenship
- Existing Act 22 and Act 60 holders may request extension to 2055 (at the 4% rate) by 31 December 2035
- Can be combined with a separate Act 60 export services decree for an active business
Requirements
- Become a bona fide resident of Puerto Rico and maintain that status every year of the decree
- Applications filed before 1 January 2027: not resident in Puerto Rico from 17 January 2006 to 17 January 2012
- Applications filed after 31 December 2026: not resident in Puerto Rico during the six years before relocating
- Criminal record report from the last place of residence; no economic or financial crime convictions or pattern of criminal conduct
- Purchase a primary residence in Puerto Rico from an unrelated party within two years of the decree and hold it for its term
- From 2027, title held individually, jointly with a spouse or through a grantor trust, and recorded in the Property Registry
- Annual donation of at least US$10,000 to eligible Puerto Rico non-profits, allocated as DDEC requires
- Annual report filed with the OIN with evidence of donation, property and residence
- Lawful right to reside in Puerto Rico: US citizenship or a valid US immigration status
Investment options
Resident Individual Investor decree — filed by 31 December 2026
No minimum investment; US$10,000 annual donation
0% Puerto Rico tax on qualifying interest, dividends and post-move capital gains, with the decree expiring on 31 December 2035; extension to 2055 later possible at 4%.
Resident Individual Investor decree — filed from 1 January 2027
No minimum investment; US$10,000 annual donation
Fixed 4% rate on the same income until 31 December 2055, with a six-year prior non-residence test and stricter property-title rules.
Export services decree (tax incentive, not residence)
Separate Act 60 decree for a Puerto Rico business serving clients outside the island, generally taxed at a preferential 4% rate on eligible income; often held alongside an individual investor decree.
US EB-5 investor green card
US$800,000 or US$1,050,000
For non-US nationals who need a lawful basis to live in Puerto Rico; leads to US naturalisation after the usual residence period.
Step-by-step process
- 1
Feasibility and US tax review
One to three weeks: confirm immigration position, prior-residence test, sourcing of existing portfolio and the realistic ability to meet the bona fide residence tests.
- 2
Relocation
Establish a home, tax home and day-to-day ties in Puerto Rico; plan the move date around the IRS moving-year rules.
- 3
Application on the Incentives Portal
File with the OIN with supporting documents and fees; to secure the 0% regime the timestamp must be no later than 11:59 pm on 31 December 2026.
- 4
OIN review and background checks
The OIN reviews the file, runs background checks and may request clarification; timing is not fixed by statute and varies with volume.
- 5
Property purchase
Acquire the primary residence within two years and document title as the decree requires.
- 6
Annual compliance
Each year: make the donations, file the annual report with the OIN, file Puerto Rico and US returns, and keep presence and connection records.
Typical documents
- Valid passport and evidence of US citizenship or US immigration status
- Criminal record report from the last place of residence
- Proof of relocation: lease or purchase contract, utilities, driver's licence, voter registration
- Property purchase deed and Property Registry filing, once acquired
- Donation receipts and the Social Equality Special Fund contribution certificate
- Puerto Rico and US federal tax returns, including Form 8898 in the year of the move
- Travel log and supporting records for the presence and closer-connection tests
How Legal Wealth helps

Legal Wealth treats the Puerto Rico decree as part of a whole-of-family US tax and residence plan rather than a stand-alone application. We test whether a client can genuinely meet the bona fide residence rules, coordinate with US tax counsel on sourcing, pre-move gains and reporting, and prepare a documented, discreet file for the Office of Incentives. Where a client is not a US citizen, we address the immigration basis first. After the decree we track donations, property title, annual reports and presence records so that the benefit is defensible over its full term. Enquiries: info@legalwealthglobal.com.
Enquire with Legal WealthFrequently asked questions
Is this a residence permit or a path to citizenship?
No. The decree is a tax incentive. It gives no right to live in Puerto Rico and no citizenship. US citizens can move freely; others need a US immigration status, and any citizenship would be US citizenship under federal law.
What happens if I apply after 31 December 2026?
Under Act 38-2026 the rate on qualifying interest, dividends and post-move gains becomes a fixed 4% until 31 December 2055, and you must show you were not a Puerto Rico resident in the six years before relocating.
Does the decree remove US federal tax?
Only for Puerto Rico-source income of a bona fide resident, which IRC §933 excludes. US-source income, such as most dividends from US companies, remains federally taxable, and pre-move gains recognised within ten years can be federally taxable.
How many days must I spend in Puerto Rico?
The usual federal test is at least 183 days in the tax year, with alternative presence tests available, plus having no tax home elsewhere and no closer connection to another country.
Can I keep my existing Act 22 decree?
Yes. Existing rights are honoured. Holders may also request extension to 2055 by 31 December 2035, in which case the 4% rate applies from the year of the request.
Last reviewed: 2026-10. Requirements, fees and timelines change. Information is general, reviewed on the date shown, and is not legal or tax advice.
Sources
- DDEC Informative Bulletin 2026-004 on Act 38-2026
- DDEC Circular Letter 2026-001 — Resident Individual Investor donations
- IRS Publication 570 — Tax Guide for Individuals With Income From US Territories
- Reichard & Escalera — PR amends the Incentives Code for Resident Individual Investors
- DLA Piper — Individual Resident Investor benefits extended through 2055






