2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 17 - Internal Revenue Code of 2011 (§§ 30001 — 33423) › PART II - Income Taxes (§§ 30041 — 30622) › Chapter 1008 - Tax Returns and Payment (§§ 30241 — 30303) › Subchapter B - Income Tax Withholding at the Source (§§ 30271 — 30282) › § 30277 - Required estimated income tax payment attributable to the distributive share of a partner in a partnership or a member of a limited liability company subject to the Provisions of §§ 30321 et seq. of this title

(a) Requirement to withhold.— The partner or member to whom has been delegated the administration of a partnership or limited liability company subject to the provisions of §§ 30321 et seq. of this title, or any other persons to whom have been delegated the duty to deliver the report to the partners as described in § 30243(b) of this title or to deliver the report to the direct members of a limited liability company subject to the provisions of §§ 30321 et seq. of this title, the report described in § 30244(b) shall determine and remit an amount equal to:
(1) Thirty percent (30%) of the estimated amount of the distributive share in the income of a partner or member in the items described in clauses (1) through (3), (10), and (11) of subsection (a) of § 30332 of this title minus, the amount withheld pursuant to §§ 30272 and 30273 of this title, or the distributive share in the surtax on the gross income provided in § 30090 of this title, whichever is greater, during those periods specified in subsection (b); or
(2) the applicable tax rate on the income or profits derived from the partnership or limited liability company subject to the provisions of §§ 30321 et seq. of this title, that are subject to taxation at a preferential rate, in accordance with the provisions of §§ 30081-30088 of this title or any applicable special law.
(b) Return and payment of tax withheld requirement.— Every partnership shall file a return and pay the tax determined, pursuant to subsection (a) not later than the fifteenth (15th) day of the fourth (4th), sixth (6th), ninth (9th), and twelfth (12th) month of the taxable year of such partnership. Such return shall be filed with the Secretary and shall contain such information and be made in such manner as the Secretary may prescribe by regulation to that effect. Any unpaid balance at the close of the fiscal year of the partnership shall be paid not later than the fifteenth (15th) day of the third (3rd) month following the close of the taxable year together with the filing of the return required under § 30243(a) of this title or the corresponding request for extension.
(c) Liability of the payer.— Except as otherwise provided, every person required to determine and remit any tax under the provisions of this section shall be liable to the Secretary for the payment of such tax and shall not be liable to any other person for the amount of any of such payments.
(d) Failure to withhold.— If the payer agent fails to withhold the amount referred to in subsection (a), unless the partner pays the tax to the Secretary, the amount which should have been determined and remitted shall be directly collected from the partnership or from the person to whom the requirement to determine and remit the income tax was delegated.
(e) Any person who fails to meet the requirement to determine and remit the income tax described in subsection (a) of this section shall be subject to the penalties set forth in §§ 33001 et seq. of this title.
(f) Regulations by the Secretary.— The Secretary shall establish, through regulation, the manner in which the estimated amount of the distributive share in the income of the partnership shall be determined for purposes of this section.
(g) In determining the estimated payment requirement imposed in this section, a partnership or limited liability company subject to the provisions of §§ 30321 et seq. of this title, that is a partner or member of another partnership or limited liability company subject to the provisions this Section, and that withheld and paid the tax imposed under subsection (a) of this section may, upon determining the amount of the tax to be paid in accordance with subsection (a), credit the portion of the tax withheld and paid by the corresponding partnership or subsidiary limited liability company to the percentage of the share of the investment partnership or limited liability company.
(h) Whenever it is shown to the satisfaction of the Secretary, or when the Secretary him/herself determines that the withholding provided in subsection (a) shall cause undue inconvenience without leading to any practical end, since the amounts thus withheld will have to be reimbursed to the taxpayers, or because said withholding will be excessive, the Secretary may, under such rules and regulations which he/she may promulgate, release the withholding agent from making such withholding wholly or partially.
History —Jan. 31, 2011, No. 1, § 1062.07, retroactive to Jan. 1, 2011; Dec. 10, 2011, No. 232, § 71; June 30, 2013, No. 40, § 29.