Bona fide residence (IRC §937) — the foundation
Every US citizen or resident who wants Puerto Rico-source income out of the federal net; no decree needed for this step.
- Presence test: at least 183 days in Puerto Rico in the tax year — or 549 days over the current and prior two years with at least 60 days each year — or no more than 90 days in the US — or US earned income of no more than $3,000 with more days in Puerto Rico than the US — or no significant connection to the US
- Tax home test: no tax home (regular or main place of business or employment) outside Puerto Rico during any part of the year
- Closer connection test: no closer connection to the US or a foreign country than to Puerto Rico — permanent home, family, cars, voting, banking and licences all count
- Form 8898 to the IRS for the year you become a bona fide resident if worldwide gross income exceeds $75,000; filed by the Form 1040 due date (not with the return); penalty $1,000 if missed
- Year-of-move relief: in the first year you can qualify if you have no outside tax home or closer connection during the last 183 days of the year