Residence in Puerto Rico

A complete guide to residency in Puerto Rico for Italian citizens. Puerto Rico, a US territory with a dollar currency, offers extraordinary tax incentives through Act 60: 0% capital gains tax for individual residents and a 4% tax for exported services businesses. Residency requires passing the bona fide test (183+ days/year). On this page: Act 60, residency test, US naturalization, corporations, tax comparison, and FAQs.

Map of Puerto Rico – Panama Italy Study

The government of Puerto Rico is an unincorporated territory of the United States of America. As a result of this political relationship, control of entry and exit from its borders is held by the federal government of the United States.

The Puerto Rican Department of State is responsible for guiding foreigners interested in visiting the island and acts as a liaison with federal authorities to clarify or expedite visa procedures. Visitors to Puerto Rico have the same immigration restrictions and privileges as any other destination in the United States.

For immigration purposes, traveling from any part of the United States to Puerto Rico does not constitute a departure from the United States, as long as the flight is direct. Likewise, travelers arriving in the United States from Puerto Rico do not need to go through immigration. However, for identification purposes, they must carry a valid form of identification, such as a driver's license, a document issued by a state or federal agency, or an original birth certificate.

Act 60: Puerto Rico's Tax Incentives

At the heart of Puerto Rico's attractiveness to investors and entrepreneurs is Act 60-2019 (Puerto Rico Incentives Code), which consolidated the previous laws, Act 20 (Export Services) and Act 22 (Individual Investors), into a single tax incentives code. Act 60 is divided into chapters, each dedicated to a specific category of beneficiaries.

Studio Panama Italia has been assisting Italian entrepreneurs and investors in relocating to Puerto Rico since 2010.
We work in coordination with local law firms in San Juan and support the entire process, from the eligibility assessment to obtaining the tax exemption decree.

Chapter 2 — Resident Individual Investor (ex Act 22)

Chapter 2 of Act 60 provides a full exemption from Puerto Rican taxes on dividends, interest, and capital gains accrued after establishing bona fide in Puerto Rico. Combined with Section 933 of the federal Internal Revenue Code, Puerto Rican-source income is also not subject to U.S. federal taxes.

Benefit Act 60 — IndividualsDetails
Capital gains0% on capital gains accrued after residency
Dividends0% on Puerto Rican source dividends
Interests0% interest from Puerto Rican sources
Mandatory annual donationUSD 10,000 to local non-profits (including USD 5,000 to address child poverty)
Property purchaseMandatory within 2 years of the decree (primary residence, not rentable)
Annual filing feeUSD 5,000
Validity of the decreeUntil December 31, 2035
UPDATE 2025–2026: The Puerto Rico Legislature has approved a bill to extend Act 60 through 2055 and introduce a 4% passive income tax for new individual applicants, effective January 1, 2026. Existing decrees retain their original terms. Always consult your tax advisor and the DDEC before making any decisions.

Chapter 3 — Export Services and Commerce (formerly Act 20)

Chapter 3 of Act 60 is aimed at businesses that provide services to customers located outside Puerto Rico. The goal is to promote the island as an international export services center. Income derived from services performed in Puerto Rico for outside customers is taxed at 4%.

Benefit Act 60 — Export ServicesDetails
ISR business rate4% on eligible income
Dividends from exempt activities100% exempt
Property taxExemption up to 75%
Municipal license taxExemption up to 50%
Duration of the decree15 years, renewable for an additional 15 years
Eligible ActivitiesConsulting, marketing, software development, financial services, R&D, design, IT services and many more

Why Puerto Rico is a strategic destination for residence

  • 0% capital gains for individuals — on capital gains accrued after bona fide residency
  • 4% tax on exported services businesses — among the lowest in the world for a US territory
  • No renunciation of citizenship — Puerto Rico is a U.S. territory; you retain your passport and U.S. or foreign citizenship.
  • US dollar as currency – no exchange rate risk, access to the US banking system
  • "Made in USA" label — goods produced in Puerto Rico may be labeled as Made in USA
  • 863 Qualified Opportunity Zones — 100% of low-income areas are designated as QOZs
  • Tropical climate and quality of life — no winter, Caribbean beaches, bilingual and vibrant culture

How to obtain residency in Puerto Rico

Foreigners wishing to move to Puerto Rico are subject to the same immigration laws and regulations as the United States. Immigrating to Puerto Rico therefore involves the same rules that apply to emigrating to any U.S. state. U.S. citizens and permanent residents enjoy the right to live in Puerto Rico the same way Puerto Ricans can live in the continental United States.

The Puerto Rico Bona Fide Residency Test

To benefit from the tax incentives of Act 60, you must become a bona fide of Puerto Rico. This qualification requires meeting three cumulative tests established by the IRS:

Attendance test

The applicant must be "present" in Puerto Rico for a specified period. To pass this test, at least one of the following conditions must be met:

  • 183 days of presence in Puerto Rico in the fiscal year
  • 549 days in a 3-year period (current year + 2 previous years), with at least 60 days for each fiscal year
  • Maximum 90 days in the continental US during the tax year
  • Maximum USD 3,000 of income from work in the US and more days spent in Puerto Rico than in the US
  • No significant connections to the continental US during the fiscal year

Tax Home Test

The applicant must not have a tax domicile outside of Puerto Rico. This means that the island must be their primary residence or principal place of work. To benefit from Act 60, it is mandatory to purchase property in Puerto Rico within two years of obtaining the decree. The property must be the primary residence and cannot be rented to third parties.

Closer Connection Test

The applicant must not have a closer connection to the continental United States or a foreign country than to Puerto Rico. Eligible factors include: permanent residence, family, assets, primary bank account, business, professional, cultural, religious, social, and political affiliations in Puerto Rico.

Service Details

VoiceDetails
Type of serviceBona fide residence + Act 60 decree
TerritoryPuerto Rico 🇵🇷 (US territory)
Total priceUpon request (varies based on the type of decree)
What's includedLegal and tax advice, preparation of applications for Act 60, support for opening a bank account and purchasing property
General requirementsValid US visa (or US citizenship/permanent residence), passport, proof of financial resources, background check
Document issuedTax Exemption Decree Act 60 (contract with the Government of Puerto Rico)
Decree timelines3–6 months from submission via the Single Business Portal (SBP)
Payments acceptedInternational wire transfer, cryptocurrencies (BTC, USDT, ETH)
Annual obligationsFiling fee USD 5,000 + donation USD 10,000 to local non-profit organizations

Naturalization and U.S. Citizenship in Puerto Rico

For foreigners who have obtained permanent residence (Green Card) in the United States and reside in Puerto Rico, the path to American citizenship follows federal USCIS regulations. The application for naturalization (Form N-400) is submitted to the local USCIS office in San Juan.

Requirements for naturalization

RequirementDetails
Minimum age18 years old
Permanent residence5 years (3 years if married to a US citizen)
Good moral conductRequest
Maximum absencesDo not exceed 915 days (30 months) outside the US in the last 5 years
Application cost (N-400)USD 725 (money order)
DocumentsCompleted Form N-400, Green Card, passport for the last 5 years, 2 photos 2×2
English language exceptions50 years + 20 years of residence, or 55 years + 15 years of residence
View of Puerto Rico – Studio Panama Italia

Puerto Rico vs. Panama vs. Paraguay: A Tax Comparison for Italians

CriterionPuerto Rico 🇵🇷Panama 🇵🇦Paraguay 🇵🇾
TaxationTerritorial (de facto per Act 60)TerritorialTerritorial 10-10-10
ISR company (eligible)4% (Act 60)25% (standard)10%
Capital gains (individuals)0% (post-residency)0% (foreign source)0% (foreign source)
VAT / ITBMS11.5% (SUT)7% (ITBMS)10% (VAT)
CurrencyUSDUSD + PABPYG
Banking systemUSA (FDIC)International Offshore CenterIn development
Mandatory companyNoYes (for Italians, Treaty of Friendship)No
Property purchaseMandatory within 2 years (Act 60)Not mandatoryNot mandatory
Annual donationUSD 10,000 + fee USD 5,000NoneNone
Time for citizenship5 years (US naturalization)5 years5 years (3 permanent)
Cost of livingHighMediumVery low

Opening a company in Puerto Rico

Puerto Rico offers a corporate ecosystem integrated into the U.S. legal system. Companies registered in Puerto Rico can operate as fully-fledged U.S. entities. Registration occurs through the Registry of Corporations at the Puerto Rican Department of State.

Types of Companies in Puerto Rico

  • LLC (Limited Liability Company) — the most popular form among Act 60 investors. Flexible, with no minimum capital requirements. It can elect to be taxed as a partnership or corporation.
  • Corporation (Inc.) — equivalent to a joint-stock company. Used for more structured activities and for businesses requiring the Export Services Act.
  • S-Corporation — Available only to U.S. citizens and residents. Offers pass-through taxation.

Standard corporate taxation in Puerto Rico

Outside of Act 60, Puerto Rico applies a progressive corporate income tax rate of up to 37.5% (including the surcharge). Businesses that obtain Act 60 for Export Services benefit from a reduced rate of 4%. Goods produced in Puerto Rico can be labeled "Made in USA," providing credibility and access to the U.S. and international markets.

Request your residency in Puerto Rico

Contact us for a personalized consultation on Act 60 and tax transfers.

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In addition to obtaining residency in Puerto Rico, you may be interested in securing your tax liability by taking up a second residence in a country with territorial taxation, such as a residence in Panama or a residence in Paraguay . You may also want to explore the benefits of taking up residency in Mexico .

You may also be interested in an offshore account to complement your tax strategy.

Frequently Asked Questions about Residency in Puerto Rico

What is Puerto Rico's Act 60?
Act 60-2019, known as the Puerto Rico Incentives Code, consolidates the previous laws, Act 20 (Export Services) and Act 22 (Individual Investors). It offers a 0% capital gains tax for individuals and a 4% tax on exported services.
How long does it take to obtain Act 60?
The decree is generally issued within 3–6 months of submitting the application through the DDEC's Single Business Portal (SBP). Delays may occur if the documentation is incomplete.
Do I have to be a US citizen to move to Puerto Rico?
No, but you must have a valid US visa or Green Card. Puerto Rico is US territory, so the same immigration rules as the United States apply. US citizens and permanent residents can move freely.
Should I buy a house in Puerto Rico?
Yes. To benefit from Chapter 2 of Act 60 (Individual Investor), you must purchase property in Puerto Rico within two years of the decree. The property must be your primary residence and cannot be rented to third parties.
How much does it cost to maintain Act 60 each year?
Mandatory annual costs are: a $5,000 filing fee and a $10,000 donation to local nonprofits (of which at least $5,000 must be allocated to organizations that fight child poverty). Compliance and annual reporting costs are also included.
Are cryptocurrency capital gains tax-exempt in Puerto Rico?
Capital gains on cryptocurrencies acquired after establishing bona fide residency in Puerto Rico are exempt under Act 60. Capital gains on assets acquired prior to the transfer remain subject to U.S. federal tax with a 10-year lookback rule. The IRS is intensifying its scrutiny of this aspect.
How many days should I spend in Puerto Rico?
To pass the presence test, you generally need to spend at least 183 days a year in Puerto Rico. Alternatively, you can spend 549 days over three years, with at least 60 days in each year. It is essential to maintain detailed travel documentation.
Can I get US citizenship through Puerto Rico?
Yes, but only if you are already a permanent resident (Green Card holder). Naturalization follows USCIS rules: five years of permanent residence (three if married to a US citizen), good moral character, and a language and civics test. The application fee is USD 725 .
What is the difference between Puerto Rico and Panama for residency?
Puerto Rico offers 0% capital gains tax and a 4% corporate income tax (Act 60), but requires property purchase, an annual donation of $10,000, and a high cost of living. Panama offers territorial taxation with a 7% VAT, direct permanent residency for Italians, an offshore banking center, and a lower cost of living. Panama does not require property purchase or mandatory donations.
Was Act 60 amended in 2025?
Yes. The legislature approved a bill to extend the program until 2055 and introduce a 4% tax on passive income for new individual applicants starting January 1, 2026. The decrees already issued will not be modified. The final entry into force is pending publication.
Panama Italy Law Firm. Legal, corporate, and tax services since 2010. License No. 14465 — Panama. Offices in San Francisco and Miami Beach.
Updated: March 2026
The information contained on this page is for informational purposes only and does not constitute personalized legal, tax, or financial advice. Each situation requires a specific assessment. Studio Panama Italia operates under license no. 14465 (2010) in Panama and is a proposal of Expat Brokers LLC (USA). and legal, banking, and immigration advice in Panama and other jurisdictions. The information contained on this page does not constitute an offer or personalized legal or tax advice. License in Panama no. 14465 (2010). The following companies are part of the italianiapanama.com : residenzapanama.com , residenzainparaguay.com , onpanama.com , vivereparaguay.com , cittadinanzapanama.com , pensionadopanama.com . Proposal of EXPAT BROKERS LLC (USA).