2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 17 - Internal Revenue Code of 2011 (§§ 30001 — 33423) › PART VII - Administrative Provisions, Procedures, Interests, Penalties, and Additions to Taxes (§§ 33001 — 33423) › Chapter 1061 - Deficiency Assessment and Collection (§§ 33001 — 33007) › § 33006 - Exceptions to the prescriptive term

(a) False tax return or statement or absence of tax return or statement. — As for tax returns or statements required under any part of this Code that have been filed falsely or fraudulently with the intent to evade taxes, or when there is failure to file tax returns or statements, such taxes may be assessed or court proceedings for the collection may be filed without assessment at any time.
(b) Waiver. — In the event that, before the expiration of the term established in § 33005 of this title for tax assessment, both the Secretary and the taxpayer had agreed in writing that such taxes would be assessed after such term, such taxes may be assessed at any time before the expiration of the term agreed upon. The term thus agreed upon may be extended by virtue of successive written agreements made before the expiration of the previously agreed term.
(c) Property valued inconsistently. — If any property of a decedent’s estate or which has been transferred as a gift is valued by the taxpayer for the purpose of determining his/her tax base pursuant to the provisions of §§ 30041 et seq. of this title, or complying with such provisions, in an amount greater than the valuation used in connection with such property for the purposes of the taxes imposed §§ 31001 et seq. of this title, or that which is used subsequently in any disposition, sale, or exchange of such property, the prescriptive term for assessment and collection under the provisions of subsection (a) of § 33005 of this title shall begin to run at whichever date is later between:
(1) The date of filing the income tax return, as such date is determined pursuant to the provisions of any applicable income tax law, or
(2) the date on which such valuation was used to the benefit of the taxpayer or the taxes imposed by §§ 31001 et seq. of this title.
(d) Collection after assessment. —
(1) When the assessment of any taxes imposed by this Code has been made within the prescriptive term properly applicable thereon, such taxes may be collected by means of demand for payment proceedings or court proceedings, insofar as these are filed:
(A) Within seven (7) years following the date of tax assessment, or
(B) prior to the expiration of any term for collection agreed upon in writing before any seven (7)-year term between the Secretary and the taxpayer.
(2) The term agreed upon pursuant to clause (1)(B) may be extended by successive written agreements made before the expiration of the term previously agreed upon.
(3) Notwithstanding the provisions of §§ 283—283p of Title 3, known as the “Puerto Rico Government Accounting Act”, the Secretary, on his/her own initiative or by request of the taxpayers, shall proceed to eliminate from the files of the Department, and shall be barred to collect, any debts imposed under this Code or preceding laws of which ten (10) years have already elapsed from the date of their assessment. For purposes of determining the prescriptive term, any interruption thereof shall be deemed to be the result of collection efforts made by the Secretary by means of demand for payment proceedings or court proceedings.
(e) Profit from sale or exchange of residence or sole proprietorship of business. — As for the deficiency mentioned in § 30144(m)(7) of this title such deficiency may be assessed at any time before the expiration of the term established therein.
(f) Involuntary conversion. — As for the deficiency mentioned in § 30144(f)(2)(C) or (D) of this title, such deficiency may be assessed at any time before the expiration of the term established therein.
(g) Special tax imposed by Section 3701 of the Puerto Rico Internal Revenue Code of 1994. — The prescriptive terms for the assessment and collection of the special tax imposed by Section 3701 of Act No. 120 of October 31, 1994, as amended, known as the Puerto Rico Internal Revenue Code of 1994, shall be those provided in the Municipal Property Tax Act of 1991, §§ 5001 et seq. of Title 21, known as the Municipal Property Tax Act of 1991, for the assessment and collection of real property taxes.
History —Jan. 31, 2011, No. 1, § 6010.06, retroactive to Jan. 1, 2011.