Is crypto legal in Puerto Rico? Rules & regulation (2026)

Legal framework

US federal law (SEC, FinCEN/BSA, IRS) applies territory-wide; Puerto Rico adds Act 273-2012 (International Financial Center Regulatory Act, as amended by Act 44-2024), Act 60-2019 (Incentives Code), and OCIF Regulation 9680 (eff. Aug 21 2025) administered by the Office of the Commissioner of Financial Institutions (OCIF)

Status by sub-area

• Stablecoins

  Partial

  No standalone Puerto Rico stablecoin law exists. The 2024 Act 273 amendments authorise IFEs to offer stablecoin services and on/off-ramps for non-domestic clients under OCIF special permit. US federal stablecoin legislation (GENIUS Act, in progress) would apply as territory law.

  Still pending: US federal stablecoin legislation (GENIUS Act) not yet final; would apply as territory law

• Exchanges / VASP

  In force

  Crypto exchanges and VASPs operating in Puerto Rico must hold a Puerto Rico Money Transmitter License issued by OCIF and register with FinCEN as MSBs. OCIF Regulation 9680 (eff. Aug 21 2025) imposes governance, cybersecurity, AML/KYC, and consumer-protection requirements.

• Token Offerings

  Partial

  Puerto Rico has no territory-specific token-offering law. As a US territory, SEC rules govern token sales; the SEC's April 2025 guidance confirms most token offerings are securities requiring registration or exemption. IFEs may facilitate tokenised-securities services under OCIF special permit.

• Custody

  Partial

  IFEs licensed under Act 273 may act as digital-asset custodians for non-domestic clients upon obtaining an OCIF special permit; minimum capital is $10 million post-2024 amendments. A comprehensive standalone framework with proof-of-reserves, insurance mandates, or segregation requirements has not been enacted.

  Still pending: Comprehensive custody framework with proof-of-reserves, insurance mandates, segregation requirements

• DeFi

  None

  Puerto Rico has enacted no territory-specific DeFi regulation. US federal enforcement posture — SEC and CFTC actions against DeFi protocols and front-ends — applies by virtue of territorial status. OCIF has issued no DeFi-specific guidance.

  Still pending: OCIF guidance on DeFi services and compliance requirements

• Tax

  In force

  Act 60-2019 grants qualifying bona fide residents 0% capital-gains tax on crypto acquired post-residency (0% grandfathered for decree holders who applied by Dec 31 2025; 4% for new applicants from 2026); staking/mining businesses qualify for 4% corporate rate. Enhanced compliance began in 2026 requiring CPA-audited wallet records. IRS treated crypto as property (Rev. Rul. 2014-21) and audited 300+ Act 60 holders in 2025. H.R. 2982 could override the exemption.

Key points: crypto & digital assets in Puerto Rico

1. 01Legal Status

   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.

   ocif.pr.gov freemanlaw.com

2. 02Act 60 Capital-Gains Exemption

   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.

   hklaw.com relocatepuertorico.com gordonlaw.com

3. 03VASP / MSB Licensing

   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.

   ocif.pr.gov metlabs.io

4. 04IFE Digital-Asset Expansion (Act 44-2024 / Act 273)

   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.

   banklicense.pro puertoricobanklicense.com docs.pr.gov

5. 05OCIF Regulation 9680 (Aug 2025)

   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.

   docs.pr.gov banklicense.pro

6. 06Federal Legislative Risk (H.R. 2982)

   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.

   velazquez.house.gov hklaw.com

Sources

1. 1.ocif.pr.gov/
2. 2.docs.pr.gov/files/OCIF/LEYES-REGLAMENTOS-CARTAS-CIRCULARES/Reglamentos/Reglamento
3. 3.docs.pr.gov/files/OCIF/AVISOS-PUBLICOS/Proposed%20Regulation_International%20Bank
4. 4.velazquez.house.gov/media-center/press-releases/velazquez-introduces-bill-end-crypto-tax-
5. 5.sec.gov/newsroom/speeches-statements/cf-crypto-securities-041025-offerings-re
6. 6.hklaw.com/en/insights/publications/2025/11/puerto-ricos-act-60-income-sourcing-
7. 7.relocatepuertorico.com/puerto-rico-legislature-approves-act-60-extension-and-new-tax-measure
8. 8.freemanlaw.com/cryptocurrency/puerto-rico/
9. 9.gordonlaw.com/learn/puerto-rico-crypto-tax-haven/
10. 10.puertoricobanklicense.com/act-273/
11. 11.metlabs.io/en/regulacion-blockchain-puerto-rico/
12. 12.banklicense.pro/evolution-of-puerto-ricos-international-financial-sector-key-regulato