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Federal residence rules

Puerto Rico bona fide residence and day-count rules

Day count is only one part of federal bona fide residence. Your main workplace and the center of your life must also be in Puerto Rico.

The three tests

  1. 1

    Presence

    Meet at least one federal presence route for the tax year. Days are determined under federal counting rules, not by intuition.

  2. 2

    Tax home

    Your main place of business or employment cannot remain outside Puerto Rico, subject to the federal rule's exact definitions.

  3. 3

    Closer connection

    Your home, family, belongings, banking, voting, community ties, business activity, and everyday facts should point more strongly to Puerto Rico than elsewhere.

Presence routes the federal rule recognizes

Federal presence-test routes
RouteCore thresholdImportant limit
183 daysAt least 183 days in Puerto Rico during the tax yearStill must pass tax home and closer connection
Three-year totalAt least 549 days over the current and prior two yearsAt least 60 days in Puerto Rico in each year
Limited United States daysNo more than 90 days in the United States during the yearWork and personal ties must still support Puerto Rico
Limited United States earned incomeNo more than $3,000 of United States earned incomeMore days in Puerto Rico than in the United States
No significant United States connectionSatisfy the federal rule's significant-connection testFact-specific; do not reduce it to a day count

The calculator compares the first three calendar patterns because they can be illustrated with days. It does not decide the income-based or significant-connection routes.

Not every day is counted the obvious way

Travel days

Some qualifying transit days between places outside Puerto Rico can count as Puerto Rico days under the exact federal conditions.

Full-time study

Temporary United States days for qualifying full-time study can be removed from the United States count. This is an adjustment, not a general student exemption.

Medical and disaster exceptions

Federal rules contain narrow exceptions for qualifying medical treatment and certain disasters. Keep evidence and confirm scope.

Midyear moves

A special first-year path can apply around the final 183 days, with continuing Puerto Rico residence required for the next three years.

Records worth keeping

  • Complete travel calendar with departure and arrival evidence.
  • Housing, utilities, licenses, registrations, and local addresses.
  • Work locations, contracts, payroll, and business records.
  • Former-state domicile steps and continuing ties.
  • Family, banking, voting, vehicles, belongings, and community facts.
  • Tax returns, Form 8898 when required, and grant compliance records.

The private ACT60 day tracker records confirmed travel transitions and compares the calendar routes. It cannot prove tax home, closer connection, domicile, or income source.

A Puerto Rico grant or DDEC receipt does not replace these tests. Thecomparison of a decree and federal residence keeps those files apart.

Primary sources