Is crypto legal in Puerto Rico? Regulation & rules (2026)

Cryptocurrency is fully legal in Puerto Rico; as a US unincorporated territory, all federal law applies — SEC jurisdiction over security tokens, FinCEN BSA/AML, and IRS Rev. Rul. 2014-21 treating crypto as property. OCIF supervises locally licensed entities.

Act 60-2019 grants bona fide Puerto Rico residents 0% capital-gains tax on crypto assets acquired after establishing residency. Applicants who secured decrees by Dec 31 2025 are grandfathered at 0%; new applicants from 2026 onward pay 4% on passive income including crypto gains. The programme was extended through December 31 2055.

Virtual-asset service providers must register with FinCEN as Money Services Businesses and obtain a Puerto Rico Money Transmitter License from OCIF, requiring net worth ≥ $500,000, liquid assets ≥ $100,000, and a $500,000 surety bond plus AML/KYC programme.

2024 amendments to Act 273 explicitly authorised IFEs and IBEs to conduct digital-asset custody, tokenised-securities, and stablecoin on/off-ramp services for non-domestic clients under an OCIF special permit; minimum IFE capital was raised to $10 million.

OCIF Reglamento 9680, published July 22 2025 and effective August 21 2025, consolidates six prior depositary-institution regulations and two circular letters; it covers governance, cybersecurity, consumer protection, and prudential requirements for IFEs conducting digital-asset activities.

In April 2025 Congresswoman Velázquez introduced the Fair Taxation of Digital Assets in Puerto Rico Act (H.R. 2982), which would reclassify digital-asset income earned by Puerto Rico residents as non-Puerto Rico-source income subject to US federal income tax, effectively nullifying Act 60's exemption. Puerto Rico's governor has countered by proposing the Act 60 extension to 2055; the bill had not become law as of May 2026.