Act 60: which professionals you need and when

Last checked:

Disclaimer: Informational content only. Not legal, tax, financial or investment advice. Always verify with a licensed professional in Puerto Rico. Data comes from public sources — mainly each firm's website or, for doctors, the directory cited on the listing — and may change.

This guide does not tell you whether you qualify or what is best for you. It lays out who is involved and when when someone moving to Puerto Rico applies for or keeps a decree under the Incentives Code (Act 60-2019), and how to check that person is licensed. Each fact comes from an official text listed under Sources.

Who grants the decree and what is filed

The decree is granted by the Department of Economic Development and Commerce (DDEC) through its Office of Incentives, and applications are filed through the DDEC incentives portal. For the Resident Individual Investor (RII), the Code defines who is eligible, what Sections 2022.01 and 2022.02 provide, and what the holder must do after receiving the decree. No professional grants the decree: DDEC does.

1. Before you move: a CPA and a Puerto Rico attorney

2. When you apply: attorney, CPA or both

Applications, amendments and reports are filed through the DDEC portal. Whether to hire help is your decision. If you hire an attorney or CPA, confirm that their Puerto Rico license is current before you sign (see the last section). What matters is that whoever represents you knows which rules apply on your filing date, because they change on January 1, 2027 (see below).

3. Once you hold the decree: the Compliance Professional and annual reports

4. The annual donation

Starting in the second tax year of the decree, the RII must include with the annual report evidence of a contribution of at least $10,000 to nonprofits operating in Puerto Rico that are certified under Section 1101.01 of the Internal Revenue Code and not controlled by the same holder or by their ascendants or descendants (Section 2023.01(c)). DDEC Circular Letter 2026-001 states that, of that amount, $5,000 must go to organizations on the child-poverty list published by the Joint Special Commission and, of the rest, at least $2,500 to the Special Fund for Social Equality. Your CPA or attorney can help confirm that each organization qualifies before you donate.

5. The primary residence: attorney-notary and the Property Registry

DDEC requires evidence of acquiring a primary residence in Puerto Rico. According to DDEC, for applications filed on or after January 1, 2027 compliance is verified with evidence of full domain and title, registered or pending registration with the Property Registry, in the name of the individual, jointly with the spouse, or of a trust covered by Section 2022.07. Applications filed before that date do not have that limitation and may acquire it through an eligible entity organized in Puerto Rico (DDEC Bulletin 2026-004). The deed is executed before a notary, who in Puerto Rico is an attorney: see how it works in our guide to buying a house in Puerto Rico.

6. What changes with Act 38-2026

The official text of the Code (rev. July 16, 2026) marks Sections 2022.01 and 2022.02 as amended by Act 38-2026 and distinguishes by the application date. According to DDEC (Bulletin 2026-004, April 24, 2026):

ItemApplication filed through Dec. 31, 2026Application filed from Jan. 1, 2027
Rate on net capital gains, interest and dividends0% (full exemption), decree through Dec. 31, 20354% fixed rate, decree through Dec. 31, 2055
Prior Puerto Rico residenceNot a resident between Jan. 17, 2006 and Jan. 17, 2012Not a resident during the 6 years before moving
Primary residenceRules in effect before Act 38-2026 (may be acquired through an eligible entity)Full domain and title in the individual's name, jointly with a spouse, or in a Section 2022.07 trust

The bulletin adds that an approved decree that asks to be extended to 2055 becomes subject to the 4% rate from January 1 of the year the extension is requested. The filing date is confirmed by the payment timestamp in the portal. With the December 31, 2026 cutoff close, talking soon with an attorney or CPA licensed in Puerto Rico avoids deciding on the wrong text.

How to check a license before you hire

For the other requirements and decree sources, see the Act 60 requirements guide. If you are relocating, the Relocation Center puts the other steps in order.

General information based on official sources, not legal or tax advice. An attorney or CPA licensed in Puerto Rico should review your case.

Sources

Last checked: · Report an error on this page

Frequently asked questions

Do I need an attorney to apply for an Act 60 decree?

This guide cannot tell you whether it is required in your case: the application is filed through the DDEC portal and the rules are in the Code and its regulation. If you hire an attorney or CPA, confirm their license in the RUA or CPAverify.

Who can be the Compliance Professional?

Under Section 6011.04(d) of the Incentives Code, a certified public accountant or an attorney with a current license to practice in Puerto Rico.

What changes with Act 38-2026?

For applications filed from January 1, 2027, DDEC reports a 4% fixed rate on net capital gains, interest and dividends with a decree through 2055, six years of prior non-residence, and stricter rules to show the primary residence. Applications filed through December 31, 2026 keep the benefits in effect at filing.

Is this guide legal advice?

No. It summarizes official texts and tells you which professional reviews each step. An attorney or CPA licensed in Puerto Rico should review your case.

Providers who can help

Lawyers & law firms →CPAs & accountants →Act 60 & relocation advisors →

Get new guides and listings

New guides, listings with a source and review date and rule changes, in your inbox. Free.