Process15 min2025-01-30

How to Apply for Act 60 Decree: Complete Step-by-Step Guide 2025

Comprehensive guide to applying for an Act 60 decree in Puerto Rico. Documents, requirements, timeline, and everything you need for successful application by Alfonso Rodriguez, CPA.

By Alfonso Rodriguez, CPA - Virtus Advisory

How to Apply for an Act 60 Decree: Your Complete Step-by-Step Guide

CRITICAL 2025 UPDATE: Act 60 has been extended through 2055, guaranteeing stability for an additional 30 years. New applicants starting January 2026 will face a 4% rate on passive income and must certify they have not been Puerto Rico residents for the previous 6 years. The application process maintains its structure but with greater emphasis on compliance and documentation.

Applying for an Act 60 decree may seem like a complex process, but with proper preparation and understanding each step, you can navigate the system efficiently. This guide will take you from initial evaluation to final approval of your decree.

Reading time: 15 minutes to master the entire process.

Before You Begin: The Essentials

Are You Ready to Apply?

Answer these questions first:

  • Have you determined your specific eligibility?

  • Do you have clarity on which chapter to apply for?

  • Do you have the necessary capital for the process?

  • Does your timeline allow for a 4-6 month process?
  • If you answered "yes" to all, you're ready to proceed!

    Realistic Timeline

    Complete process: 4-6 months

  • Pre-application and preparation: 4-8 weeks

  • Formal application: 2-4 weeks to prepare

  • DDEC review: 12-16 weeks

  • Approval and setup: 2-4 weeks
  • Step 1: Evaluation and Pre-Planning

    Determine Your Optimal Chapter

    Chapter 2 - Individual (Ex-Act 22)

  • For: Investors, traders, wealthy individuals

  • Benefit: 0% capital gains tax

  • Key requirement: Must not have been a PR resident for 15 years
  • Chapter 3 - Export Services (Ex-Act 20)

  • For: Companies providing exportable services

  • Benefit: 4% corporate tax rate

  • Key requirement: Services exported outside PR
  • Chapter 4 - Manufacturing

  • For: Manufacturing companies and R&D

  • Benefit: 4% industrial rate + additional incentives

  • Key requirement: Production or R&D in Puerto Rico
  • Preliminary Financial Analysis

    Calculate your potential ROI:

    Chapter 2 Example:

  • Estimated annual gains: $1,000,000

  • Current taxes (23.8%): $238,000

  • Taxes with Act 60 (0%): $0

  • Annual savings: $238,000

  • Process cost: ~$50,000

  • ROI: 476% in year 1
  • Chapter 3 Example:

  • Corporate income: $2,000,000

  • Current taxes (21%): $420,000

  • Taxes with Act 60 (4%): $80,000

  • Annual savings: $340,000

  • Process cost: ~$75,000

  • ROI: 453% in year 1
  • Step 2: Documentation Preparation

    Personal Documents (All Chapters)

    Basic Documentation:

  • [ ] Valid U.S. passport

  • [ ] Birth certificate

  • [ ] Personal financial statements (last 3 years)

  • [ ] Tax returns (last 5 years)

  • [ ] Criminal background certification

  • [ ] Proof of financial solvency
  • Chapter-Specific Documents

    Chapter 2 - Individual:

  • [ ] Evidence of non-residence in PR (last 15 years)

  • [ ] Detailed investment portfolio

  • [ ] Declaration of investment intentions

  • [ ] Charitable donations plan ($10,000 minimum)

  • [ ] Evidence of ability to comply with 183 days/year
  • Chapter 3 - Export Services:

  • [ ] Company incorporation documents

  • [ ] Corporate financial statements (3 years)

  • [ ] Contracts with clients outside PR

  • [ ] Detailed business plan

  • [ ] Evidence of exportable services

  • [ ] Local employee hiring plan
  • Chapter 4 - Manufacturing:

  • [ ] Detailed industrial plan

  • [ ] Evidence of committed investment

  • [ ] Feasibility studies

  • [ ] Preliminary environmental permits

  • [ ] Employment and training plan

  • [ ] Economic impact analysis
  • Specialized Financial Documents

    Audited Financial Statements

  • Required for: Chapters 3 and 4

  • Period: Last 3 years

  • Auditor: CPA licensed in U.S. or PR

  • Estimated cost: $5,000-15,000
  • Financial Projections

  • Timeline: Minimum 5 years

  • Include: Income, expenses, employment, investments

  • Detail level: Monthly year 1, annual years 2-5

  • Professional: Prepared by CPA or financial consultant
  • Step 3: Corporate Structure and Legal Setup

    Entity Establishment

    Chapter 2 - Individual:

  • Generally doesn't require new corporation

  • May benefit from LLC for investments

  • Trust structures for estate planning
  • Chapter 3 - Export Services:

  • PR corporation required

  • Typical structure: LLC or C Corporation

  • Double taxation considerations
  • Chapter 4 - Manufacturing:

  • Industrial corporation required

  • More complex structure due to regulations

  • Possible joint ventures or partnerships
  • Banking and Operational Setup

    PR Bank Accounts:

  • Corporate account at local bank

  • Documentation of fund sources

  • Anti-money laundering compliance
  • Physical Address:

  • Office or address in Puerto Rico

  • Cannot be P.O. Box

  • Must be accessible for inspections
  • Step 4: Application Preparation

    Main Forms

    Basic Application (All Chapters):

  • Form DDEC-001 (General Application)

  • Chapter-specific form

  • Required sworn statements

  • Business or investment plan
  • Supporting Documents

    Detailed Business Plan:

    For Chapter 3 (Export Services):

  • Executive Summary

  • - Company vision and mission
    - Services to be exported
    - Target markets

    • Market Analysis

    • - Service demand outside PR
      - Competition and differentiation
      - Pricing strategy

      • Operational Plan

      • - Organizational structure
        - Hiring plan (3-5 employees minimum)
        - Technology infrastructure

        • Financial Projections

        • - 5-year projected P&L
          - Cash flow statements
          - Break-even analysis

          For Chapter 4 (Manufacturing):

        • Industrial Plan

        • - Production process description
          - Required machinery and equipment
          - Production capacity

          • Investment Plan

          • - Detailed initial investment
            - Implementation timeline
            - Financing sources

            • Economic Impact

            • - Direct and indirect jobs
              - Projected local purchases
              - Estimated exports

              Fee Structure and Payments

              Government Fees:

            • Initial application: $5,000

            • Technical evaluation: $2,500

            • Annual maintenance fee: $5,000

            • Total government: $12,500

            Professional Costs:

          • Specialized attorney: $25,000-50,000

          • Accountant/CPA: $5,000-15,000

          • Strategic consultant: $10,000-25,000

          • Total professional: $40,000-90,000

          Additional Costs:

        • Financial audits: $5,000-15,000

        • Documentation and translations: $2,000-5,000

        • Travel and logistics: $3,000-8,000

        • Total additional: $10,000-28,000

        ESTIMATED TOTAL COST: $62,500-130,500

        Step 5: Filing Process

        Pre-filing

        Preliminary DDEC Meeting:

      • When: 2-4 weeks before filing

      • Purpose: Document validation

      • Duration: 1-2 hours

      • Participants: Your legal team + DDEC official

      Final Checklist:

    • [ ] All documents translated (if necessary)

    • [ ] Forms completed and notarized

    • [ ] Government fees ready to pay

    • [ ] Legal team confirmed for filing

    Formal Filing

    Filing Day:

  • Arrive at DDEC (9:00 AM recommended)

  • Document delivery (initial review)

  • Fee payment (cashier's check preferred)

  • Official receipt (keep multiple copies)

  • Official timeline (confirm follow-up dates)
  • Documents to bring:

  • Original and 3 copies of entire application

  • USB with digital versions

  • Cashier's checks for all fees

  • IDs of all signatories
  • Post-filing Immediate

    First 48 hours:

  • Email confirmation of receipt

  • Assigned case number

  • Reviewer contact information

  • Next steps communicated
  • Step 6: DDEC Review Process

    Phase 1: Initial Review (4-6 weeks)

    What they review:

  • Documentation completeness

  • Basic eligibility

  • Compliance with formal requirements
  • Possible outcomes:

  • Approval to continue: Proceeds to detailed review

  • Information request: 30 days to respond

  • Initial rejection: Rare, but possible if fundamental problems exist
  • Phase 2: Technical Review (6-8 weeks)

    Specialized teams review:

  • Economic Team: Financial viability

  • Legal Team: Regulatory compliance

  • Technical Team: Operational feasibility (Chapter 4)

  • Fiscal Team: Government revenue impact
  • During this phase:

  • Possible additional information requests

  • Clarification calls

  • Commercial reference reviews
  • Phase 3: Final Review and Approval (2-4 weeks)

    Executive approval:

  • Senior director review

  • Final approval by DDEC Secretary

  • Official decree preparation
  • Step 7: Communication During the Process

    Follow-up Strategies

    Contact Calendar:

  • Week 2: Receipt confirmation

  • Week 6: Initial review status

  • Week 10: Technical review update

  • Week 14: Final decision timeline
  • Best Practices:

  • Always in writing (email)

  • Include case number in subject line

  • Maintain professional and patient tone

  • Copy your attorney on communications
  • Handling Additional Requests

    When DDEC requests more information:

  • Respond within 30 days (strict deadline)

  • More information is better than insufficient information

  • Use same format as original application

  • Include cover letter explaining what you're sending
  • Step 8: Approval and Activation

    Receiving the Decree

    The official decree includes:

  • Specific terms of your benefits

  • Compliance obligations

  • Validity dates (start and end)

  • Specific reporting requirements
  • First steps post-approval:

  • Register decree with Treasury

  • Setup accounting for compliance

  • Notify accountants and advisors

  • Operational implementation per plan
  • Benefit Activation

    Chapter 2 - Individual:

  • Immediate fiscal residence change

  • Setup PR day tracking

  • Activate portfolio in PR banks
  • Chapter 3 - Export Services:

  • Corporate tax rate change

  • Employee payroll setup

  • Export operations activation
  • Chapter 4 - Manufacturing:

  • Industrial incentives application

  • Production reporting setup

  • Duty-free importing activation
  • Common Mistakes to Avoid

    Mistake #1: Incomplete Documentation


    Problem: Filing without all documents
    Result: 4-8 additional week delays
    Solution: Triple-check with attorney before filing

    Mistake #2: Unrealistic Projections


    Problem: Overly optimistic business plan
    Result: Technical reviewer pushback
    Solution: Conservative, well-founded projections

    Mistake #3: Not Understanding Timeline


    Problem: Expectations of quick approval
    Result: Frustration and hasty decisions
    Solution: Plan for 6 months start to finish

    Mistake #4: DIY Legal Work


    Problem: Attempting process without attorney
    Result: Rejections due to technical errors
    Solution: Invest in qualified legal representation

    Mistake #5: Not Preparing for Relocation


    Problem: Not planning transition to PR
    Result: Delays in benefit activation
    Solution: Plan relocation parallel to application

    Expert Tips for Successful Application

    Tip #1: Choose the Right Timing


    Best timing for filing:
  • January-March: DDEC less saturated

  • Avoid November-December: holidays and budget

  • Consider your company's fiscal year
  • Tip #2: Over-Document Everything


    Golden rule: If you doubt whether to include something, include it
  • Better too much information than insufficient

  • DDEC prefers completeness over brevity

  • Extra documentation never hurts an application
  • Tip #3: Relationship Building


    Strategic networking:
  • Attend DDEC and government affairs events

  • Connect with other successful beneficiaries

  • Maintain relationships with local professionals
  • Tip #4: Always Have Plan B Ready


    Contingency planning:
  • What if you're rejected?

  • Can you reapply with changes?

  • Do you have backup tax optimization plans?
  • How Virtus Advisory Facilitates Your Process

    Our Proven Process

    Phase 1: Strategic Evaluation (2 weeks)

  • Complete eligibility analysis

  • Optimal chapter determination

  • Specific ROI calculation

  • Personalized roadmap
  • Phase 2: Document Preparation (4-6 weeks)

  • Coordination of all documentation

  • Professional business plan preparation

  • Complete legal review

  • Pre-validation with DDEC contacts
  • Phase 3: Filing and Management (12-16 weeks)

  • Professional filing

  • Systematic DDEC follow-up

  • Handle any additional requests

  • Communications strategy
  • Phase 4: Activation and Setup (2-4 weeks)

  • Complete operational setup

  • Transition planning

  • Compliance system implementation

  • Ongoing support activation
  • Our Competitive Advantages

    Established Relationships:

  • Direct DDEC contacts

  • Relationships with key decision makers

  • Understanding of specific preferences
  • Proven Track Record:

  • 98% approval rate in last 3 years

  • Average processing time: 14 weeks (vs. 20+ industry average)

  • Zero decrees lost due to compliance issues
  • 360 Support:

  • Legal, accounting, strategic under one roof

  • Coordination with external providers

  • Guaranteed post-approval support
  • Available Packages

    Basic Package - $25,000

  • Evaluation and strategy

  • Document preparation

  • Filing and basic follow-up
  • Premium Package - $45,000

  • Everything above +

  • Advanced business planning

  • Aggressive follow-up and relationship leverage

  • 6 months post-approval support
  • VIP Package - $75,000

  • Complete white-glove service

  • Expedited processing when possible

  • Concierge relocation support

  • 1 year guaranteed compliance
  • Your Next Step

    Are you ready to begin your Act 60 decree application process?

    FREE strategic consultation where:
    ✅ We'll evaluate your specific eligibility
    ✅ Determine the optimal chapter for you
    ✅ Calculate your real ROI and timeline
    ✅ Develop your personalized roadmap
    ✅ Give you exact cost estimates

    Don't leave your fiscal future to chance. The Act 60 process is complex, but with the right guidance, it can change your financial life forever.

    Conclusion: Your Path to Tax Freedom

    Applying for an Act 60 decree is the most important decision you can make for your tax optimization. While the process requires meticulous preparation and patience, the rewards are extraordinary:

    • Tax savings of hundreds of thousands annually

    • Lifestyle upgrade in a tropical paradise

    • Networking with high-achiever community

    • Tax stability for decades

    The process is demanding but manageable with proper preparation and support.

    Your moment is now. Every month you delay is money lost to taxes. The Puerto Rico government is actively incentivizing these applications, but windows of opportunity don't last forever.

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    *Ready to take the first step toward your Act 60 decree? Our team of experts guides you through every step of the process with the industry's highest success rate.*

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