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 1068 - Miscellaneous Provisions (§§ 33331 — 33346) › § 33338 - Requirement to deposit deducted and withheld taxes for nonresident individuals or foreign corporations not engaged in trade or business in Puerto Rico

(a) General rule.—
(1) Any person required to deduct and withhold any income taxes in §§ 30278, 30280 and 30281 of this title, or the regulations established by the Secretary pursuant to this part, and to remit payment of such taxes to the Government of Puerto Rico, shall deposit the amount of the taxes thus deducted and withheld within a calendar month (but only if it exceeds two hundred dollars ($200)) at the Internal Revenue Collections Offices, the Collections Bureau, or any office of the Department of the Treasury designated for such purposes, or at any of the banking institutions designated as a public fund depository and authorized by the Secretary to receive such taxes, as provided in § 33337 of this title.
(2) Taxes shall be deposited not later than the fifteenth (15th) day following the close of the calendar month in which such taxes were deducted and withheld.
(3) In the case of taxes withheld from income attributable to distributive shares of a nonresident stockholder in the earnings of a partnership or special partnership, such taxes shall be deposited on or before the fifteenth (15th) day of the third month following the close of the taxable year for the special partnership.
(4) In the case of taxes withheld from income attributable to distributive shares of a nonresident stockholder in the earnings of a corporation of individuals, such taxes shall be deposited not later than the fifteenth (15th) day of the third month following the close of the taxable year for the corporation of individuals.
(5) In the case of taxes withheld from income attributable to distributive shares of a nonresident member in the earnings of a liability company, such taxes shall be deposited not later than the fifteenth (15th) day of the third month following the close of the taxable year for the limited liability company.
(b) Exceptions.—
(1) The provisions of subsection (a) shall not apply to the withholding and payment of income taxes provided in § 30278(b)(2) of this title.
(2) When the person required to deduct and withhold any taxes pursuant to this section requests the Secretary to relieve him/her from the withholding requirement, in whole or in part, due to the fact that withholding shall cause undue hardship without serving any practical purpose, because the amounts thus withheld would have to be refunded to the recipient of the income, or because such withholding would be excessive, the deposit requirement shall not take effect until the determination by the Secretary is received.
(c) Penalty.— If any person fails to deposit the taxes deducted and withheld in §§ 30278, 30280 and 30281 of this title within the term established by law, he/she shall be subject to the penalties provided in § 33122 of this title.
History —Jan. 31, 2011, No. 1, § 6080.08, retroactive to Jan. 1, 2011; Dec. 10, 2011, No. 232, § 181.