Puerto Rico Act 38-2026: the 0% window closes.
The most consequential regulatory deadline crypto wealth has faced at scale. The current 0% rate on capital gains for new Individual Resident Investor decree applicants ends on January 1, 2027 — replaced by a 4% rate under the new law.
Puerto Rico's Act 60-2019 has been the single most powerful legal structure available to U.S.-citizen crypto investors. Under IRC §933, bona fide residents of Puerto Rico exclude PR-sourced income from federal tax. Under Chapter 2 of Act 60, qualifying residents pay 0% on capital gains accrued after residency, including gains on cryptocurrency acquired post-move. For an investor with $5 million in unrealized gains, the difference between selling on the mainland and selling under an Act 60 decree is in the seven-figure range.
Act 38-2026 — enacted earlier this year — extends the program through 2055 but resets the rate for new applicants. Applications filed on or after January 1, 2027 will be subject to a 4% preferential rate on capital gains, dividends, and interest instead of the current zero. Existing decree holders keep their original terms; new applicants who file before the deadline also lock in 0% under the existing rules.
Bona fide residency is not paperwork — the IRS has signalled active scrutiny via the Gajwani case and CCM 202538025. The three statutory tests (183-day presence, tax-home test, closer-connection test under IRC §937 and Treas. Reg. §1.937-2), plus the Act 60 requirements (annual $10,000 charitable donation, property purchase within two years), all apply. Pre-move appreciation remains U.S.-sourced under the 10-year lookback rule.
For every advisor, family office, or operator with U.S.-citizen crypto-wealthy clients: identify candidates for an Act 60 application now. The decree process took an average of eight months in 2025 — meaning the practical filing window for the 0% rate is closing faster than the calendar deadline suggests.