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
- Federal residence is a separate question. To be a bona fide resident of Puerto Rico for a tax year, the IRS requires you to meet three tests: presence, no tax home outside the territory, and no closer connection to the United States or a foreign country than to the territory (IRS Publication 570). A CPA with federal and Puerto Rico tax experience is the person who can look at your specific facts.
- Eligibility under the Code. Under the official text, for applications filed after December 31, 2026 the applicant must show not having been a Puerto Rico resident for at least six years before moving. DDEC also states that the Office of Incentives requires a criminal-record report from the last place of residence (DDEC Bulletin 2026-004). An attorney licensed in Puerto Rico can explain how these criteria apply to you.
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
- Compliance Professional. The Code defines this role as the officer who monitors compliance and provides that it must be a certified public accountant or an attorney with a current license to practice in Puerto Rico (Section 6011.04(d)). DDEC sets the parameters by regulation. Ask your professional whether and how this role applies to your decree.
- Annual report. The Code requires an annual compliance report filed electronically with the Office of Incentives (Section 6020.10). For an RII, evidence of the donations and of the acquisition of the primary residence is included with that report (DDEC Circular Letter 2026-001).
- Tax returns. The decree applies to the income that the Code and the decree itself cover. Preparing the federal and Puerto Rico returns is your CPA's job.
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):
| Item | Application filed through Dec. 31, 2026 | Application filed from Jan. 1, 2027 |
|---|---|---|
| Rate on net capital gains, interest and dividends | 0% (full exemption), decree through Dec. 31, 2035 | 4% fixed rate, decree through Dec. 31, 2055 |
| Prior Puerto Rico residence | Not a resident between Jan. 17, 2006 and Jan. 17, 2012 | Not a resident during the 6 years before moving |
| Primary residence | Rules 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
- Attorneys: the Judiciary's Unified Registry of Attorneys (RUA) shows whether the person is admitted to practice in Puerto Rico.
- CPAs: use the CPAverify lookup or the CPA Society directory.
- In our directory: compare attorneys and CPAs. We do not audit professional licenses in those categories, so confirm the license yourself in the registries above; ads are labeled Sponsored. We also have a comparison of lawyers with Act 60 experience based on their own pages.
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
- Ley 60-2019, Código de Incentivos (texto oficial rev. 16 de julio de 2026, OGP)
- Act 60-2019, Incentives Code (official English text, OGP)
- DDEC – Boletín Informativo 2026-004 / Informative Bulletin 2026-004 (Ley/Act 38-2026), 24-abr-2026
- DDEC – Carta Circular 2026-001 (donaciones IRI y propiedad residencial)
- IRS – Publication 570, Bona fide residence
- Poder Judicial – Registro Único de Abogados y Abogadas (RUA)
- CPAverify – Búsqueda de licenciados / Licensee lookup
- Colegio de CPA de Puerto Rico – Directorio de colegiados
- DDEC – Portal de incentivos / Incentives portal
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