For individuals domiciled in Puerto Rico, U.S. estate tax follows a hybrid system under the

Internal Revenue Code—similar in many ways to the treatment of nonresident aliens.

⚖️ 1️⃣ What Is Taxable?

Puerto Rico domiciliaries are generally subject to U.S. estate tax only on U.S.-situs assets.

• U.S. real estate (e.g., property located in mainland U.S.)

• Tangible personal property located in the United States

• Stock of U.S. corporations

👉 These assets fall within the U.S. estate tax net.

🌴 2️⃣ What Is NOT Taxable?

A major advantage:

• Assets located in Puerto Rico are generally excluded

This includes:

• Puerto Rico real estate

• Puerto Rico-based investments

• Locally held assets

👉 This can significantly reduce overall estate tax exposure

Unlike U.S. citizens (who are taxed on worldwide assets):

• Puerto Rico domiciliaries are taxed based on where assets are located

👉 This creates a planning opportunity:

• Shift exposure by managing asset situs

Even with Puerto Rico domicile:

• Mainland U.S. holdings remain fully taxable

Common pitfalls:

• Owning U.S. real estate directly

• Holding large portfolios of U.S. stocks

• Misunderstanding situs rules

Effective planning focuses on:

• Identifying U.S.-situs vs non-U.S. assets

• Structuring ownership carefully

• Managing exposure to mainland U.S. investments

For Puerto Rico domiciliaries:

• U.S. estate tax applies only to U.S.-situs assets

• Puerto Rico assets are generally excluded

• Asset location—not just value—drives tax exposure

In practice:

It’s not how much you own—it’s where your assets are located that determines your U.S. estate tax risk.