Residency Migration Reference
Moving from Indiana to Puerto Rico: Residency, Taxes, and What to Prove
Indiana's 2.95% (flat, state) + county income tax top income tax rate becomes 33% under Puerto Rico's general individual schedule; 0% to 4% on qualifying income for holders of an Act 60 Individual Resident Investor decree in Puerto Rico. This move trades a lighter tax environment for a heavier one, so timing income around the transition year matters.
Residency Tests Side by Side
Indiana and Puerto Rico both use a 183-day statutory residency threshold, so the day-count mechanics will feel familiar even though the underlying facts and enforcement differ.
| Factor | Indiana | Puerto Rico |
|---|---|---|
| Statutory Residency Test | Indiana Code 6-3-1-12 and 45 IAC 3.1-1-21 define a resident two independent ways: an individual domiciled in Indiana during the tax year, or an individual who is not domiciled in Indiana but maintains a permanent place of residence in the state and spends more than 183 days of the taxable year in Indiana. Indiana guidance explicitly notes the 183-day/permanent-residence test is a separate, independent basis for residency, not itself a test for domicile. | Puerto Rico has no separate day-count 'statutory residency' overlay the way New York or California does. Bona fide residency is governed entirely by the federal IRC section 937 three-part test that applies to all five territories: the presence test, the tax home test, and the closer connection test, all of which must be met for the same tax year. Hacienda applies this identical federal standard, and Form 8898 (filed with the IRS, not Hacienda) is the formal notice of becoming or ceasing to be a bona fide resident once worldwide gross income exceeds $75,000 for the year. |
| Domicile Test | Under 45 IAC 3.1-1-22.5, Indiana presumes a person has not abandoned Indiana domicile if they maintained a permanent residence in Indiana and satisfy at least one of: claiming a homestead deduction or military tax exemption on an Indiana home, voting in Indiana, occupying an Indiana residence more days of the year than any other single state, claiming a federal tax benefit based on Indiana being the principal residence, or having a place of employment or business in Indiana. Supplementary factors include driver's license and vehicle registration location, dependent claims, mailing address, bank accounts, organizational memberships, and where professional services and valuables are located. | The closer connection test functions as Puerto Rico's domicile test. Treasury Regulation 1.937-1(c) weighs the location of a permanent home, family, personal belongings, social/political/cultural/religious affiliations, routine banking, business activity, and the jurisdiction of a driver's license and voter registration, comparing total Puerto Rico contacts against the total of U.S. and foreign contacts combined. |
| Day Count Threshold | 183 days | 183 days |
| Any Part of a Day Rule | Indiana's statute uses 'more than 183 days,' which mirrors New York's and Illinois's phrasing; Indiana guidance does not publish a specific carve-out exempting partial days, and practitioners treat any day with meaningful Indiana presence as counting toward the total absent a documented exception like medical treatment or transit. | Any part of a day physically present in Puerto Rico counts as a full day of Puerto Rico presence. If someone is physically present in both Puerto Rico and the mainland U.S. on the same calendar day, that day counts as a Puerto Rico day, not a U.S. day. Exceptions carve out days outside Puerto Rico for qualified inpatient medical treatment, days lost to a presidentially declared major disaster or mandatory evacuation order, and up to 30 days of business or personal travel outside both Puerto Rico and the U.S., but that 30-day rule only applies if Puerto Rico days already exceed U.S. days without it. |
| Presumptions | 45 IAC 3.1-1-22.5 creates a presumption against abandonment of Indiana domicile whenever a person kept a permanent Indiana residence and meets at least one of the five primary factors listed above (homestead claim, voting, most-days-in-state, federal filing benefit, or Indiana employment); this presumption is rebuttable but places real weight on continuing to hold any one of those Indiana connections. | None published |
| Safe Harbors | None published | 183-day presence test; 549-day / 3-year test; 90-day U.S. cap; Low U.S.-earned-income test; No significant U.S. connection |
Leaving Indiana
Indiana is not generally characterized by practitioners as an aggressive residency-audit state compared with its neighbors; its flat, comparatively low income tax rate reduces the dollar incentive for the Department of Revenue to pursue contested domicile cases the way high-rate states do. The Department does issue individual Letters of Findings resolving residency disputes, including cases finding a taxpayer was not subject to Indiana tax because they had established domicile in another state based on objective evidence like a home purchase and filings there, showing Indiana does examine claims on a case-by-case basis rather than running the kind of broad, headline exit-audit programs seen in New York or Minnesota.
Trailing Income
Indiana has no convenience-of-the-employer rule, so a former resident who works remotely from another state for an Indiana-based employer is generally not taxed by Indiana on those wages once genuinely nonresident, since Indiana sources employee compensation to where the work is physically performed. Indiana does continue to tax Indiana-source income after departure, including gain on Indiana real property and a departing resident's share of Indiana business income for the period they operated in the state.
Part-Year Filing
Form IT-40PNR, Indiana Part-Year and Full-Year Nonresident Individual Income Tax Return, is used for the year a taxpayer moves into or out of Indiana. It allocates income between the Indiana-resident portion of the year and the nonresident portion, and also handles the county income tax allocation based on county of residence or principal work location as of January 1 or as of the move date, depending on the specific county tax rule that applies.
Enforcement Methods
Common Exit Mistakes
Establishing Puerto Rico Residency
| Action | Agency | Deadline |
|---|---|---|
| Get a Puerto Rico driver's license | DTOP (Departamento de Transportación y Obras Públicas) via CESCO | no fixed statutory deadline; practitioners recommend doing this within 30 to 60 days to build closer-connection evidence |
| Register a vehicle and obtain the annual marbete decal | DTOP / CESCO Digital | marbete must be renewed annually |
| Register to vote | Comisión Estatal de Elecciones (CEE) | register at a regional Junta de Inscripción Permanente; no fixed arrival deadline but ahead of any election you intend to vote in |
| Purchase a Puerto Rico principal residence (Act 60 Individual Investor decree holders) | n/a, private real estate transaction, reported to DDEC | within 2 years of decree issuance, from an unrelated seller, held individually or in a qualifying trust, not through an LLC |
| File the CRIM homestead exemption on the primary residence | CRIM (Centro de Recaudación de Ingresos Municipales) | file after the home becomes the owner-occupied primary residence |
Declaration of Domicile
Puerto Rico has no Florida-style sworn Declaration of Domicile filing. Bona fide residency is proven entirely through the federal section 937 factual record: a Puerto Rico driver's license, Puerto Rico voter registration, Puerto Rico bank accounts, and a CRIM homestead filing on an owner-occupied Puerto Rico home are the closest functional equivalents, and are exactly what an IRS examiner requests when reviewing a Form 8898 position.
Homestead
CRIM's homestead exemption removes $150,000 from the (outdated, 1958-based) cadastral assessed value of an owner-occupied primary residence, which zeroes out or sharply reduces property tax for many homes. Filing it also functions as evidentiary support for the closer connection test, and DDEC cross-checks it against Act 60 decree compliance for Individual Investor decree holders who are required to buy and occupy a Puerto Rico home.
Voter Registration
Register through the Comisión Estatal de Elecciones (CEE) at a regional Junta de Inscripción Permanente office or the eRE online portal: https://www.ceepur.org. Being registered to vote in Puerto Rico, and not in a state, is itself one of the significant-connection factors weighed in both the presence test's 'no significant U.S. connection' prong and the closer connection test.
Vehicle Registration Deadline
null days
New Resident Tax Traps
The single biggest trap is treating the Act 60 decree as a finish line: the decree only fixes the tax rate, it does not establish bona fide residency, which must be proven independently every year under all three section 937 prongs. The second is the 10-year built-in-gain sourcing rule on pre-move investment assets, which surprises new residents who assume the 0% capital gains rate covers appreciation that happened before they relocated.
What Changes on Tax
Indiana Top Rate
2.95% (flat, state) + county income tax
Puerto Rico Top Rate
33% under Puerto Rico's general individual schedule; 0% to 4% on qualifying income for holders of an Act 60 Individual Resident Investor decree
Moving from Indiana to Puerto Rico raises the top marginal income tax rate from about 2.95% to about 33%, an increase of roughly 30.05 percentage points.
Withholding Reciprocity
Indiana and Puerto Rico do not have a wage-withholding reciprocity agreement with each other, so this move follows ordinary source-state and resident-state filing rules rather than a reciprocity exception.
Community Property Transition
Indiana uses common law marital property rules and Puerto Rico is a community property state. Property acquired during marriage after the move may be characterized differently going forward, which matters for estate planning and for basis step-up on a spouse's death.
Beyond Income Tax
Indiana
Capital gains: No preferential rate. Capital gains are taxed as ordinary income at the flat state rate plus the applicable county rate.
Estate or inheritance tax: Indiana has no state estate tax and no inheritance tax; Indiana repealed its inheritance tax effective 2013. Only the federal estate tax, with its roughly $15 million per-person exemption in 2026, can apply to an Indiana decedent's estate.
Property tax: Indiana's average effective property tax rate is around 0.8% of home value, among the lower rates in the Midwest. The Homestead Standard Deduction reduces assessed value by the lesser of $48,000 or 60% of assessed value for an owner-occupied principal residence, with an additional supplemental deduction on the remaining value; county auditors are directed to develop procedures specifically to catch owners whose actual principal residence is outside Indiana.
Sales tax: Indiana has a flat statewide 7% sales tax, sometimes called the Gross Retail Tax, with no additional local sales tax layered on top anywhere in the state.
Puerto Rico
Capital gains: Outside Act 60, Puerto Rico taxes long-term capital gains at a preferential rate separate from the ordinary brackets. Under an Act 60 Individual Resident Investor decree, interest, dividends, and capital gains that accrue after the person becomes a bona fide Puerto Rico resident are taxed at 0%. Gains that had already accrued on investment property before the move remain taxable under the federal 10-year built-in-gain sourcing rule in Treasury Regulation 1.937-2(f), so the 0% rate does not retroactively cover pre-move appreciation.
Estate or inheritance tax: Puerto Rico has no separate territorial estate or inheritance tax of its own. Under IRC section 2209, Puerto Rico-situs property of a Puerto Rico-domiciled decedent is generally outside the federal estate tax base, but non-Puerto Rico assets and the treatment of U.S. citizens domiciled in Puerto Rico involve source-specific rules that require estate-planning specialists, not a simple 'no tax' answer.
Property tax: CRIM (Centro de Recaudación de Ingresos Municipales) still assesses most property against cadastral values fixed around 1958, so assessed value is far below market value; combined municipal and central government rates run roughly 8% to 12% of that outdated assessed value, and a $150,000 exemption against the cadastral value applies to an owner-occupied primary residence.
Sales tax: The combined Impuesto sobre Ventas y Uso (IVU) is 11.5% (10.5% state plus 1% municipal), one of the highest combined sales/use tax rates anywhere under the U.S. flag.
Who This Move Applies To
Travel Nurses
In Indiana
Indiana applies its ordinary domicile and 183-day/permanent-residence tests to a travel nurse the same as anyone else: a nurse not domiciled in Indiana who keeps a permanent Indiana residence and is present more than 183 days becomes an Indiana resident on worldwide income for that year, plus the applicable county tax. The more frequent exposure runs the other way, where a nurse claims a Florida or Texas tax home while actually renting in Indiana for most of an assignment; Indiana taxes nonresident wages for days actually worked in the state regardless of the claimed tax home.
In Puerto Rico
Puerto Rico is not a major travel-nurse assignment market compared to the 50 states, but the underlying tax-home analysis is identical to any state: a nurse claiming a Puerto Rico tax home must actually maintain and return to a Puerto Rico home between assignments, not just hold a Puerto Rico mailing address, or the IRS can disallow both the federal tax-home claim for stipend purposes and any bona fide residency position at the same time.
Professional Athletes
In Indiana
Indiana taxes nonresident professional athletes using the standard duty-day formula applied across nearly all income-tax states: total season compensation multiplied by the ratio of Indiana duty days (games, practices, and mandatory team functions in the state) to total duty days for the season. This applies to visiting NFL and NBA teams playing the Colts and Pacers in Indianapolis, and Indiana's flat, comparatively low rate means the dollar amount at stake per game is smaller than in higher-rate states, though the filing obligation is the same.
In Puerto Rico
No MLB, NFL, NBA, or NHL franchise is based in Puerto Rico, so there is no home-team jock-tax apportionment regime specific to the island. Puerto Rico has hosted MLB regular-season games in San Juan in past seasons, and visiting athletes owe Puerto Rico-source tax on income attributable to duty days actually worked on the island under Puerto Rico's general nonresident withholding rules, the same way any other jurisdiction taxes a visiting player's local duty days.
Snowbirds, Long Visitors, and RVers
In Indiana
The Indiana snowbird risk runs through the same domicile-abandonment presumption that protects year-round Indiana residents: a retiree who keeps a permanent Indiana residence, continues to vote in Indiana, or keeps the homestead deduction active while wintering in Florida is presumed not to have abandoned Indiana domicile. Separately, spending more than 183 days in Indiana in a year while maintaining a permanent Indiana residence independently triggers Indiana residency regardless of domicile intent.
In Puerto Rico
A mainland resident who buys a Puerto Rico winter home while keeping a permanent U.S. home will generally fail the closer connection test even after hitting 183 Puerto Rico days, unless family, banking, driver's license, and voter registration also move to Puerto Rico. Puerto Rico's version of the empty-apartment trap is a homestead-exempted condo that sits mostly unused while the owner still files as a mainland resident elsewhere, and that exact pattern is what DDEC and the IRS look for in an Act 60 audit, since the Individual Investor decree requires a genuine, occupied primary residence, not a part-time one.
Remote Workers
In Indiana
Indiana has no convenience-of-the-employer rule. A nonresident who works remotely from another state for an Indiana-based employer is generally not taxed by Indiana on those wages, since Indiana sources employee compensation to where the work is physically performed rather than to the employer's location.
In Puerto Rico
Puerto Rico itself has no convenience-of-the-employer rule, but the origin state's rule still applies if the employer is mainland-based: a New York-headquartered employer that continues to treat a Puerto Rico-based remote worker as New York-sourced under New York's convenience rule can create a real double-taxation dispute, since Puerto Rico taxes the worldwide income of its bona fide residents and New York may also claim the wages. Puerto Rico also requires its own employer withholding registration (Form 499), and employers unfamiliar with that process are a frequent source of friction for new movers.
Military
In Indiana
Indiana follows the federal Servicemembers Civil Relief Act and Military Spouses Residency Relief Act. A servicemember whose domicile was Indiana before entering service remains an Indiana domiciliary regardless of duty station unless they affirmatively establish a new domicile, while a servicemember stationed in Indiana on orders, and a qualifying spouse, does not become an Indiana resident solely because of the posting; Indiana also allows a deduction for certain military retirement income.
In Puerto Rico
Puerto Rico follows the federal Servicemembers Civil Relief Act (SCRA) and the Military Spouses Residency Relief Act (MSRRA): a servicemember's home-of-record does not change solely because of orders stationing them in Puerto Rico, and a civilian spouse can elect to keep the servicemember's tax residence. An active-duty member whose state of legal residence is Puerto Rico is treated as a bona fide Puerto Rico resident for military pay regardless of duty station under Publication 570, which is a meaningful planning point because it keeps that pay outside federal income tax as Puerto Rico-source income.
Airline Crew
In Indiana
Federal law (49 U.S.C. §40116) limits states to taxing airline employee compensation only in the employee's state of residence and any state where more than 50% of pay is earned, protecting flight crew based at Indianapolis International who are domiciled outside Indiana from full-income Indiana taxation based solely on their duty station.
In Puerto Rico
San Juan's Luis Muñoz Marín International Airport (SJU) is a crew base for several U.S. carriers, including JetBlue. The federal carve-out at 49 U.S.C. section 40116, which restricts taxation of air carrier employees except by their state (or territory) of residence and, in limited cases, a jurisdiction where they earn more than 50% of their pay, applies to Puerto Rico the same way it applies to the 50 states. Crew who are bona fide Puerto Rico residents owe Puerto Rico tax on their wages under the mirror federal framework rather than U.S. federal tax on Puerto Rico-source pay.
Tools for This Move
Indiana to Puerto Rico FAQ
Does Indiana have a 183-day rule separate from domicile?+
Yes, and Indiana is explicit that the two are independent tests. Under IC 6-3-1-12 and 45 IAC 3.1-1-21, you're an Indiana resident if you're domiciled in Indiana, or separately, if you're not domiciled in Indiana but maintain a permanent Indiana residence and spend more than 183 days in the state during the year. Indiana's own guidance says the 183-day test is not itself a test for domicile, so you can fail one and still be caught by the other.
If I get an Act 60 decree, am I automatically a bona fide Puerto Rico resident?+
No. The decree only sets your tax rate once you qualify; it does not establish bona fide residency. You must separately satisfy the federal section 937 presence test, tax home test, and closer connection test every single tax year, and the IRS's active Act 60 compliance campaign is built specifically around decree holders who assume the paperwork alone is proof.
If I move to Florida but keep voting absentee or in person in Indiana, does that hurt my case?+
Yes, directly. Indiana's domicile-abandonment rule under 45 IAC 3.1-1-22.5 presumes you haven't given up Indiana domicile if you keep a permanent Indiana residence and continue voting in Indiana, among other listed factors. Re-registering to vote in your new state, and actually voting there, is one of the more concrete steps that supports a genuine domicile change.
How many days do I actually need to spend in Puerto Rico to be safe?+
183 days is the cleanest path and satisfies the presence test on its own, but it is only one of five alternatives (there is also a 549-day/3-year test, a 90-day U.S. cap, a low-U.S.-income test, and a no-significant-U.S.-connection test). Presence alone is not enough: you also need to pass the tax home test and closer connection test, and IRS examples show taxpayers with fewer than 183 days keeping a mainland vacation home, voter registration, or family have still failed on closer connection despite meeting an alternate presence prong.
Will keeping the homestead deduction on my Indiana house hurt me if I claim I moved to Florida?+
Yes. Indiana law specifically directs the Department of Local Government Finance and county auditors to develop procedures to identify homestead deduction claimants whose actual principal residence is outside Indiana, so continuing to claim it while filing as a nonresident elsewhere is exactly the kind of contradiction those procedures are built to catch. If you've genuinely moved, notifying your county auditor to remove the deduction is one of the concrete steps supporting your new domicile.
Can I keep a house on the mainland after moving to Puerto Rico for Act 60?+
You can own one, but keeping it available as a livable home while you're not there works against you on the closer connection test, which compares your Puerto Rico ties to the total of your U.S. and foreign ties. Renting it out at fair market value with limited personal use is safer than leaving it available for your own stays; a mainland home that still functions as a family gathering place is the fact pattern IRS examiners specifically target.
How does Indiana's county income tax work if I move counties or move out of state mid-year?+
On top of the flat 2.95% state rate, every Indiana county levies its own income tax, ranging roughly from 0.5% to over 3%, and your county rate generally depends on your county of residence. When you move into or out of Indiana mid-year, Form IT-40PNR handles both the state and county allocation for the split year, which makes Indiana's exit-year filing meaningfully more involved than a state with a single flat rate and no local layer.
Does buying a home in Puerto Rico under my Act 60 decree count as proof I live there?+
It's required and helpful, but not sufficient by itself. The Individual Investor decree requires you to purchase a Puerto Rico principal residence within two years, from an unrelated seller, held personally or in a qualifying trust rather than an LLC, and DDEC does check compliance. But an unoccupied or lightly used property paired with weak day counts and continued mainland ties can still fail both the decree's residency requirement and the federal bona fide residency test.
I live in Kentucky and work in Indiana. Do I owe Indiana income tax on my wages?+
No, not on wages. Indiana has reciprocity agreements with Kentucky, Michigan, Ohio, Pennsylvania, and Wisconsin, so a Kentucky resident's wages earned working in Indiana are taxed only by Kentucky, not Indiana, and Indiana withholding should not apply. Reciprocity covers wage income only; investment, rental, and business income from Indiana sources are still taxable by Indiana.
What happens if the IRS decides I wasn't really a bona fide Puerto Rico resident?+
You lose the Act 60 rate for the years in question and owe federal tax on income you treated as excluded, plus interest and penalties. The pending Karakashian v. Commissioner case shows how aggressive this can get: the IRS is seeking a 75% civil fraud penalty of roughly $5 million on top of the underlying tax for a single disputed year, arguing the taxpayer failed all three residency tests despite claiming 209 days on the island.
Does Indiana tax my Social Security or pension after I retire?+
Social Security is fully exempt from both Indiana state and county tax. Pension, 401(k), and IRA distributions are taxed as ordinary income at the flat state rate plus your county's local rate, since Indiana doesn't offer the kind of broad age-based retirement income exclusion that Illinois or Michigan provide, aside from a modest deduction for certain military and railroad retirement income.
Do I still owe US federal income tax on my Puerto Rico wages?+
If you are a bona fide Puerto Rico resident, Puerto Rico-source income is generally excluded from your federal return under IRC section 933, and you instead file Form 482 with Hacienda on your worldwide income. Income sourced outside Puerto Rico, such as wages from work physically performed on the mainland, is not covered by that exclusion and can still trigger a federal filing requirement.
Considering the reverse move?
Puerto Rico to Indiana
Moving the other direction is a different fact pattern, not a mirror image: exit risk and establishment mechanics both flip.
View the Puerto Rico to Indiana guideAlso Consider, Leaving Indiana
Indiana to Puerto Rico Reading
Reviewed Against 21 Primary Sources
ResidencyIQ organizes public residency research into a reviewable reference. It does not provide legal or tax advice. Consult a qualified professional before making a residency decision.
Start your record
Build your Indiana to Puerto Rico mobility map.
Start with a free map, document your center of life, then upgrade when you need evidence, advisor collaboration, and audit-ready reporting.
Create Free Mobility Map