Clarification on Territorial Taxation and Fiscal Residency Rules for Foreign Residents in the Dominican Republic

1. Overview

The Dominican Republic operates under a territorial tax system, meaning that individuals are generally

taxed only on income obtained from Dominican sources. This principle distinguishes the country from

jurisdictions that apply a worldwide income approach.

The Dominican Tax Authority (DGII) recently reaffirmed that the local tax regime does not follow the

principle of global taxation. Only certain categories of foreign-source income, primarily investment and

financial gains, may be subject to taxation once an individual qualifies as a fiscal resident.

2. Tax Residency Criteria

Under Article 12 of the Dominican Tax Code, an individual becomes a fiscal resident if they remain in the

country for more than 182 days within a fiscal year, whether consecutively or not. Once residency is

established, the individual must register before the DGII (Dirección General de Impuestos Internos) and

file an annual income tax return (Form IR-1).

3. Scope of Taxation

For fiscal residents, the Dominican Republic taxes:

• All income derived from Dominican sources, including employment, business activity,

rentals, and other local operations.

• Certain income from foreign sources, but only in limited cases — specifically returns from

investments or financial gains earned abroad, in accordance with Article 269 of the Tax Code.

This mixed criterion means the system does not treat all global income as taxable — only specified

categories connected to financial gains abroad.

4. Transitional Rule for Foreign Nationals Dominican Republic

Foreign individuals who acquire fiscal residency after residing in the country for more than 182 days

benefit from a two-year transition period. During this period, they are subject to tax only on Dominican-

source income.

From the third year onward, their foreign investment or financial income may become taxable in the

Dominican Republic, but general income earned abroad (such as salaries, pensions, or prior savings)

remains outside the Dominican tax base.

5. Funds Brought from Abroad

Bringing funds or savings into the Dominican Republic does not automatically generate a tax liability.

When such funds correspond to:

• Income previously earned and taxed abroad, or

• Personal savings, gifts, or sale proceeds from foreign assets, they are not considered new

taxable income locally.

Nevertheless, it is advisable to maintain supporting documentation that evidences the origin and timing

of those funds to avoid any potential presumption of unreported income or unjustified patrimony.

6. Enforcement and Practical Considerations

DGII’s enforcement focus remains primarily on income generated within Dominican territory — such as

property rentals, business income, or local employment.

However, as the Dominican Republic continues strengthening its tax transparency and exchange-of-

information mechanisms, foreign residents who invest locally or maintain significant transactions through

Dominican institutions should anticipate greater oversight.

Maintaining clear accounting records, proper classification of income sources, and timely annual filings is

the best preventive strategy.

7. Recommendations for Foreign Residents

1. Monitor your days of presence to determine fiscal residency.

2. Register with DGII once residency thresholds are met.

3. Document the origin of all funds transferred from abroad.

4. Distinguish capital from income — savings and pre-residency earnings are not taxable as

new income.

5. Plan ahead: from your third year of residence, review any foreign investment income

exposure with your legal and tax advisors.

6. Coordinate with foreign tax counsel to prevent double taxation and ensure compliance

across jurisdictions.

8. Final Note

Each individual’s tax situation depends on personal circumstances, including the nature of income,

residency patterns, and investment structure.

For this reason, we recommend that foreign residents and investors seek personalized advice before

making financial transfers or investments in the Dominican Republic.

For specific consultations or personalized tax planning, please contact our team at AlterLegal. Our firm

advises numerous foreign residents and investors on compliance, residency, and asset structuring under

Dominican law.

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Miguel Brache

Law Degree from Pontifica Universidad Católica Madre y Maestra (PUCMM) and holds a Master’s Degree in Financial Markets Law also from PUCMM. Expert in Civil Law, Real Estate, Corporate Law, Economic Regulation, and Administrative Law. He has extensive experience in private practice in business law, litigation and conflict resolution.

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Jose A. Fernández C

A graduate of the Universidad Iberoamericana (UNIBE) in Santo Domingo. Holds a Masters Degree in Arbitration, Alternative Dispute Resolution, and Mediation from the European Institute of Tax Consultancy, Granada, Spain, and a Master Degree in Corporate Law from Pontificia Universidad Católica Madre y Maestra (PUCMM). Expert in Real Estate Law, Corporate Law, Business Law, Conflict Mediation and Tax Advisory. He also has extensive knowledge in Contract Law, Foreign Investment, and Tourism Law. Member of the National Association of Young Entrepreneurs (ANJE).