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SOP Beginner Level ID: ODV-ENG-006

Act 60 Individual Resident Investor Decree Compliance & Physical Presence SOP

Comprehensive statutory guidance for Act 60 compliance: 183-day presence tests, closer connection proof, bona fide primary residence certification.

Author & Engineering Body: Legal & Tax Compliance Advisory Council
Last Verified & Certified: 🗓️ 2026-10-29
Reading Time: ⏱️ 7 min read
LLM Token Count: ⚡ ~637 tokens
Verified Outcomes

Key Architectural Deliverables & Takeaways

  • 0% federal & local tax rate on eligible capital gains accrued after establishing Puerto Rico bona fide residency.
  • 4% fixed corporate tax rate on eligible export service revenue generated from the estate office.
  • 100% property tax exemption eligibility for primary residence qualifying under approved statutory decrees.
  • Clear compliance checklist for the 183-day presence test, tax home test, and closer connection test.

1. Statutory Context & Legislative Basis

Enacted under Act 60-2019, Puerto Rico provides a statutory tax framework protected under U.S. Federal Code (IRC § 933 and IRC § 937). Income derived from sources within Puerto Rico by individuals who are bona fide residents of the territory is completely excluded from U.S. federal income taxation.

Our Dream Villa is custom-engineered to fulfill all statutory requirements for an Approved Primary Residential Real Estate Investment under Act 60 Chapter 2.


2. The Three Statutory Residency Tests (IRC § 937)

                     [ BONA FIDE PUERTO RICO RESIDENCY ]
                                      │
         ┌────────────────────────────┼────────────────────────────┐
         ▼                            ▼                            ▼
[ 183-Day Presence Test ]     [ Tax Home Test ]        [ Closer Connection Test ]
  - In PR ≥ 183 days/yr         - Principal place of     - Family primary residence
  - Documented travel logs        regular trade/biz        - Bank accounts & voting
  - Passport / Boarding passes  - Puerto Rico address    - Vehicle registrations

3. Statutory Milestone Calendar

Date Statutory Filing / Action Responsible Party Documentation Required
January 15 Annual Residency Log Consolidation Resident / CPA Flight records, credit card receipts
April 15 Puerto Rico Hacienda Tax Return (Form 482) CPA / Tax Advisor W-2PR, Hacienda withholding statements
April 15 U.S. Federal IRS Form 8898 (First & Last Year) CPA Statement of establishment of residence
May 31 DDEC Annual Compliance Report Due Decree Holder Deed of real property, donation receipts
Year-Round $10,000 Statutory Non-Profit Contributions Decree Holder Official receipts from 2 certified PR NGOs

4. Annual Compliance Verification Checklist

  • Log entry and exit dates with airline boarding passes and flight receipts into tax archive.
  • Verify total presence in Puerto Rico equals or exceeds 183 calendar days for current tax year.
  • Execute $10,000 statutory donation split ($5,000 to child poverty entity / $5,000 to general PR non-profit).
  • Ensure Our Dream Villa title deed registered with the Property Registry of Puerto Rico.
  • Obtain active Puerto Rico driver's license and register personal/family vehicles locally.
  • File annual report and pay administrative fee ($5,000) through the DDEC Single Business Portal (SBP).