reglab/statecodes huggingface dataset:
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) › § 33332 - Personal penalty for failure to collect and remit payment of taxes, or for attempting to defeat or evade taxes

(a) Penalty. — Any person liable, as described in subsection (b) of this section, shall be personally subject, in addition to any other penalty established under this Code, to a penalty equal to the full amount of the taxes evaded, not collected, not withheld, not deposited, not reported, or not remitted by the entity or person (as such term is defined in § 33089 of this title) so required under such obligation under any part of this Code.
(b) Persons liable. —
(1) Any chief operating officer, president, chief financial officer, chief accounting officer, comptroller, and any official serving in a similar capacity with an entity or person (as such term is defined in § 33089 of this title) required to collect, withhold, account for, and remit payment of any taxes or levies established under any part of this Code;
(2) any person whose responsibility, duty, function, or obligation at an entity or person (as such term is defined in § 33089 of this title) is to collect, withhold, deposit, account for, or remit payment of any taxes or levies established under any part of this Code, who knowingly does not collect or account for and faithfully remits payment of such taxes in the manner and under the terms established in any part of this Code, and
(3) any person who knowingly attempts in any way to evade or defeat any taxes imposed by any part of this Code or the payment of such taxes.
(c) This section shall be subject to the general application provisions of this Subtitle, including §§ 33089 and 33001 of this title, among others.
History —Jan. 31, 2011, No. 1, § 6080.02, retroactive to Jan. 1, 2011.
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) › § 33333 - Separate accounting for certain taxes collected

(a) General rule. — Anytime a person required, pursuant to any part of this Code, to collect, withhold, deposit, account for, and remit payment of any taxes or levies established by any part of this Code:
(1) Does not collect, pay, withhold, deposit, account for, and remit payment of such taxes or levies within the timeframe, in the manner, and under the terms established by any part of this Code, and
(2) is hand delivered a notice concerning such violation, such person shall be under the obligation of meeting the requirements of subsection (b) of this section. In the case of corporations, partnerships, or trusts, a notice delivered personally to an official, partner, or trustee shall be, for purposes of this section, deemed to have been hand delivered to such corporation, partnership, or trust and to all officials, partners, trustees, and employees thereof.
(b) Requirement to keep separate accounts. — Any person required to collect, account for, and remit payment of any taxes or levies established by any part of this Code, who has been given notice pursuant to subsection (a) of this section, shall collect such taxes or levies established by any part of this Code as they become payable after delivery of such notice, deposit (not later than the second banking day following the collection of any amount related to such taxes or levies) such amounts in a separate bank account, and keep the amounts related to such taxes in said account until payment is made to the Secretary. Any amount in said account shall be deemed to be appropriated to a special trust fund in favor of the Government of Puerto Rico, payable to the Secretary by such person as trustee.
(c) Cancellation of requirement to keep separate accounts. — The Secretary may cancel the requirement to keep separate accounts, as provided by this section, upon meeting, to the satisfaction of the Secretary, all requirements of the law and the regulations of the Code regarding taxes or levies established by any part of this Code. Such cancellation shall take effect on the date specified in the notice.
History —Jan. 31, 2011, No. 1, § 6080.03, retroactive to Jan. 1, 2011.
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) › § 33334 - Penalty for failure to keep separate accounting for certain taxes collected

(a) Penalty. — Any person who fails to meet any requirement imposed by § 33333(b) of this title, in addition to other penalties established by the Code, shall be guilty of a third-degree felony.
(b) Exceptions. — The provisions of subsection (a) of this section shall not apply:
(1) To any person who proves reasonable doubt in terms of:
(A) Whether the law requires such taxes to be collected, or
(B) who is required by law to collect such taxes; and
(2) To any person who proves that he/she failed to comply with the provisions of § 33333(b) of this title due to circumstances beyond his/her control.
(3) For purposes of clause (2) of this section, insufficient funds shall not be deemed to be circumstances beyond the control of a person.
History —Jan. 31, 2011, No. 1, § 6080.04, retroactive to Jan. 1, 2011.
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) › § 33335 - Requirement to deposit taxes deducted and withheld from salaries

(a) Deposit of taxes withheld from salaries. —
(1) Any person who pays salaries and is required to deduct and withhold from any employee any income taxes in § 30271 of this title, or the regulations promulgated by the Secretary pursuant to the Code, and to remit payment of such taxes to the Government of Puerto Rico, shall deposit the amount of taxes thus deducted and withheld at any of the banking institutions designated as public fund depositories and which have been authorized by the Secretary to receive such taxes.
(2) Federal savings and loan associations and federal thrift banks that conduct business in Puerto Rico shall be deemed to be financial institutions for purposes of being designated as public fund depositories under this Code.
(3) Taxes shall be paid or deposited as established in the regulations promulgated by the Secretary regarding the manner, time, and conditions that shall govern the payment or deposit of such withheld taxes. When promulgating such regulations, the Secretary shall follow, as pertinent, the criteria established in regulatory provisions on the collection and deposit of income taxes withheld from salaries paid by the federal government and the corresponding deduction for Social Security.
History —Jan. 31, 2011, No. 1, § 6080.05, retroactive to Jan. 1, 2011.
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) › § 33336 - Payment of taxes withheld from interest

Any person who pays interest and is required to deduct and withhold from any person receiving payments from interest such income taxes as provided in § 30279 of this title of the Code or the regulations promulgated by the Secretary pursuant to the Code, shall remit to the Secretary the taxes thus deducted and withheld for one calendar month, not later than the tenth (10th) day following the close of the calendar month in which such taxes were deducted and withheld.
History —Jan. 31, 2011, No. 1, § 6080.06, retroactive to Jan. 1, 2011.
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) › § 33337 - Deposit of certain taxes in public fund depository banks

The Secretary may authorize banking institutions that have been designated as public fund depositories to receive any taxes deducted and withheld under Part II of this subtitle under such conditions as he/she prescribes. The Secretary shall periodically prepare and publish listings with the names and addresses of banking institutions designated as public fund depositories pursuant to this section.
History —Jan. 31, 2011, No. 1, § 6080.07, retroactive to Jan. 1, 2011.
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) › § 33339 - Form of payment

(a) General rule. — All taxes, levies, licenses, or any other payment established in this Code may be paid by postal money order or bank draft, legal tender, bonds, internal revenue stamps, checks—personal, manager’s or certified—credit cards, debit cards, electronic transfers, and other negotiable instruments.
(b) Payment by check or money order. —
(1) Relief from responsibility. —
(A) Duly paid check or money order. — No person who is indebted to the Government of Puerto Rico because of taxes imposed by this Code who has tendered a certified check, a manager’s check, a teller’s check, or a money order as provisional payment of such taxes pursuant to the terms of this subsection, shall be relieved from the requirement of making the definitive payment of such taxes until such certified check, manager’s check, teller’s check, or money order thus received has been duly paid.
(B) Unpaid check or money order. — If any check or money order thus received is not duly paid, the Government of Puerto Rico shall hold, in addition to its right to obtain payment of taxes by debtors, a lien for the amount of such check on the bank asset against which such check was drafted or for the amount of such money order against all assets of the drawer of such money order; and said amount shall be paid from its assets with preference over any or all claims of any kind against such bank or drawer, except for disbursements and administrative expenditures as necessary.
(2) Personal checks. — If a personal check is not paid by the bank against which it was drafted, the person who tendered said check in payment of his/her taxes shall continue to be liable for the payment of taxes and all penalties and additions under the law, the same as if such check had not been tendered.
(c) The Secretary may require from any taxpayer who has a track record of drafting checks that had to be returned, and when there are signed final agreements pursuant to § 33207 of this title, that he/she make any subsequent payments by certified, official, or manager’s check.
History —Jan. 31, 2011, No. 1, § 6080.09, retroactive to Jan. 1, 2011.
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) › § 33340 - Recourse to prevent assessment or collection prohibited

(a) Taxes. — Except as provided in § 33002(a) of this title, no recourse shall be filed with any court to prevent the assessment or collection of any taxes imposed by this Code.
(b) Requirement of transferee or trustee. — No recourse shall be filed with any court to prevent the assessment or collection of:
(1) The amount of the obligation, in law or in equity, of a transferee of a property of a taxpayer concerning any taxes imposed by this Code, or
(2) the amount of the obligation of a trustee concerning such taxes.
History —Jan. 31, 2011, No. 1, § 6080.10, retroactive to Jan. 1, 2011.
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) › § 33341 - Publication of statistics

Each year, the Secretary shall prepare and publish those statistics that are reasonably available concerning the application of this Code, including classifications for taxpayers and income, items allowed as deductions, exemptions, and credits, items regarding excise taxes, sales and use tax, estate taxes, and gift taxes, as well as any other data deemed to be pertinent and useful.
History —Jan. 31, 2011, No. 1, § 6080.11, retroactive to Jan. 1, 2011.
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) › § 33343 - Limitation to impose taxes

Except as provided further, or in § 33344 of this title, no municipality, whether autonomous or not, may impose or collect any taxes or levies established under this Code. Building excise taxes and volume of business taxes authorized under §§ 4001 et seq. of Title 21, known as the “Autonomous Municipalities Act”, and §§ 5001 et seq. of Title 21, known as the “Municipal License Tax Act”, respectively, whose imposition by municipalities is expressly authorized, are hereby exempt from this provision. However, when the application of the Autonomous Municipalities Act and the Municipal License Tax Act, together with the application of this Code, produces a taxation situation that is unsustainable for being an infringement to a constitutional prohibition, if such situation would be rendered tenable by imposing and collecting only one of the taxes or levies, the taxes or levies imposed under this Code shall prevail.
History —Jan. 31, 2011, No. 1, § 6080.13, retroactive to Jan. 1, 2011.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter A - General Provisions (§§ 33361 — 33366) › § 33361 - Rules in effect on the date of approval of the Code

(a) Regulations in effect pursuant to the Puerto Rico Internal Revenue Code of 1994, the Income Tax Act of 1954, the Excise Tax Act of the Commonwealth of Puerto Rico of 1987, the Puerto Rico Estate and Gift Tax Act or the Alcoholic Beverages Act of Puerto Rico. —
(1) All regulations adopted by virtue of the Puerto Rico Internal Revenue Code of 1994, the Income Tax Act of 1954, the Excise Tax Act of the Commonwealth of Puerto Rico of 1987, the Puerto Rico Estate and Gift Tax Act, or the Alcoholic Beverages Act of Puerto Rico, shall remain in full force and effect until regulations are issued pursuant to the provisions of this Code, provided, that such regulations correspond to provisions of this Code that are identical to the corresponding provisions in such laws.
(b) Code provisions corresponding to preceding tax laws. —
(1) Reference to law applicable at a preceding time. — Any Code provision that makes reference to the application of any Code provision at a preceding time (or which depends on the application at a preceding time of any Code provision) shall be understood, whenever appropriate and consistent with the purposes of such provision, to refer to (or that it depends on the application in) the corresponding provision of the Puerto Rico Internal Revenue Code of 1994, the Income Tax Act of 1954, the Excise Tax Act of the Commonwealth of Puerto Rico of 1987, the Puerto Rico Estate and Gift Tax Act, or the Alcoholic Beverages Act of Puerto Rico, or any other tax law in effect at a preceding time.
(2) Selections. — Selections made in taxable years starting before January 1, 2011, pursuant to the provisions of the Puerto Rico Internal Revenue Code of 1994, which correspond to sections in this Code, shall remain in effect during taxable years beginning after December 31, 2010, provided, that the taxpayer meets the eligibility requirements of this Code.
History —Jan. 31, 2011, No. 1, § 6091.01, retroactive to Jan. 1, 2011.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter A - General Provisions (§§ 33361 — 33366) › § 33362 - Reference to preceding taxable years

When a Code provision makes reference to a preceding taxable year, such taxable year shall include any taxable year before January 1, 2011, provided, that such inclusion is not incompatible with the provisions of this Code.
History —Jan. 31, 2011, No. 1, § 6091.02, retroactive to Jan. 1, 2011.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter A - General Provisions (§§ 33361 — 33366) › § 33363 - Administrative determinations and final agreements in effect under the Puerto Rico Internal Revenue Code of 1994, the Income Tax Act of 1954, the Excise Tax Act of the Commonwealth of Puerto Rico of 1987, the Puerto Rico Estate and Gift Tax Act or the Alcoholic Beverages Act of Puerto Rico

No provision in this Code shall be understood to modify, alter, or invalidate any administrative determination, final agreement, claim, or contract executed under the Puerto Rico Internal Revenue Code of 1994, the Income Tax Act of 1954, the Excise Tax Act of the Commonwealth of Puerto Rico of 1987, the Puerto Rico Estate and Gift Tax Act, as applicable, regarding any taxation matters pertaining to taxable years starting before January 1, 2011.
History —Jan. 31, 2011, No. 1, § 6091.03, retroactive to Jan. 1, 2011.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter A - General Provisions (§§ 33361 — 33366) › § 33365 - Final agreements executed under the Puerto Rico Internal Revenue Code of 1994, the Income Tax Act of 1954, the Commonwealth Act of the Government of Puerto Rico of 1987 [sic] or the Puerto Rico Estate and Gift Tax Act

(a) General rule. — Except as provided in subsection (b), any final agreements executed between a taxpayer and the Secretary pursuant to the provisions of the Puerto Rico Internal Revenue Code of 1994, the Income Tax Act of 1954, the Excise Tax Act of the Commonwealth of Puerto Rico of 1987, or the Puerto Rico Estate and Gift Tax Act, which are identical to the corresponding provisions of this Code, shall be understood to have been executed under the provisions of this Code when:
(1) The Puerto Rico Internal Revenue Code of 1994. — Affecting tax liability for a year starting after December 31, 2010;
(2) The Income Tax Act of 1954. — Affecting the determination of tax liability for a year starting after June 30, 1995;
(3) The Excise Tax Act of the Commonwealth of Puerto Rico of 1987. — Affecting the determination of tax liability concerning taxable events after June 30, 1995; and
(4) The Puerto Rico Estate and Gift Tax Act. — Affecting gifts made after June 30, 1995.
(b) Final agreements related to taxes on industrial development income. — Final agreements between a taxpayer and the Secretary pursuant to the provisions of the Puerto Rico Internal Revenue Code of 1994 or the Income Tax Act of 1954, which contain prospective agreements regarding taxes on industrial development income generated by activities covered by an exemption decree pursuant to the provisions of the Economic Incentives Act for the Development of Puerto Rico or any preceding similar law, shall remain in effect in connection with taxable years starting after December 31, 2010, for the balance of the exemption term.
History —Jan. 31, 2011, No. 1, § 6091.05, retroactive to Jan. 1, 2011.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter A - General Provisions (§§ 33361 — 33366) › § 33366 - Final agreements to be executed After the effective date of the Code

(a) General rule. —
(1) Taxable years starting before January 1, 2011, taxable events taking place or property transfers made before January 1, 2011. — Final agreements to be executed by the Secretary after December 31, 2010, in connection with matters related to taxable years starting before January 1, 2011, or taxable events taking place, or property transfers made before January 1, 2011, shall be governed by the corresponding provisions of the Puerto Rico Internal Revenue Code of 1994.
(2) Taxable years starting after December 31, 2010, taxable events taking place or property transfers made after December 31, 2010. — Final agreements to be executed by the Secretary in connection with matters related to taxable years starting after December 31, 2010, or taxable events taking place, or property transfers made after December 31, 2010, shall be governed by the provisions of this Code.
History —Jan. 31, 2011, No. 1, § 6091.06, retroactive to Jan. 1, 2011.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter B - Income Taxes (§§ 33371 — 33382) › § 33372 - Application to qualified plans and individual retirement accounts

The provisions of this Code shall apply to stock bonus, pension, or profit sharing plans, individual retirement accounts, nondeductible individual retirement accounts, health savings accounts, and education savings accounts established before the effective date of this Code pursuant to Sections 1165, 1169, 1169B, 1169C, and 1172, respectively, of the Puerto Rico Internal Revenue Code of 1994, as amended, which comply with the provisions of §§ 30391, 30392, 30393, 30394 and 30395 of this title, as applicable.
History —Jan. 31, 2011, No. 1, § 6092.02, retroactive to Jan. 1, 2011.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter B - Income Taxes (§§ 33371 — 33382) › §§ 33373—33382 - Repealed. Act Dec. 10, 2011, No. 232, § 186

History —Jan. 31, 2011, No. 1, § 6092.03, retroactive to Jan. 1, 2011; Repealed. Act.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter B - Income Taxes (§§ 33371 — 33382) › § 33374 - Tax return of a partner must be consistent with tax return of partnership [Repealed]

History —Jan. 31, 2011, No. 1, § 6092.04, retroactive to Jan. 1, 2011; Repealed. Act.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter B - Income Taxes (§§ 33371 — 33382) › § 33375 - Procedures for taking partnership adjustments into account [Repealed]

History —Jan. 31, 2011, No. 1, § 6092.05, retroactive to Jan. 1, 2011; Repealed. Act.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter B - Income Taxes (§§ 33371 — 33382) › § 33376 - Authority of the Secretary [Repealed]

History —Jan. 31, 2011, No. 1, § 6092.06, retroactive to Jan. 1, 2011; Repealed. Act.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter B - Income Taxes (§§ 33371 — 33382) › § 33377 - Restrictions on partnership adjustments [Repealed]

History —Jan. 31, 2011, No. 1, § 6092.07, retroactive to Jan. 1, 2011; Repealed. Act.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter B - Income Taxes (§§ 33371 — 33382) › § 33378 - Review of administrative determinations on partnership adjustments [Repealed]

History —Jan. 31, 2011, No. 1, § 6092.08, retroactive to Jan. 1, 2011; Repealed. Act.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter B - Income Taxes (§§ 33371 — 33382) › § 33379 - Prescriptive term for adjustments [Repealed]

History —Jan. 31, 2011, No. 1, § 6092.09, retroactive to Jan. 1, 2011; Repealed. Act.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter B - Income Taxes (§§ 33371 — 33382) › § 33380 - Requests for administrative adjustments [Repealed]

History —Jan. 31, 2011, No. 1, § 6092.10, retroactive to Jan. 1, 2011; Repealed. Act.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter B - Income Taxes (§§ 33371 — 33382) › § 33381 - Review of request for administrative adjustment not granted in its entirety [Repealed]

History —Jan. 31, 2011, No. 1, § 6092.11, retroactive to Jan. 1, 2011; Repealed. Act.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter B - Income Taxes (§§ 33371 — 33382) › § 33382 - Definitions and special rules [Repealed]

History —Jan. 31, 2011, No. 1, § 6092.12, retroactive to Jan. 1, 2011; Repealed. Act.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter C - Consequences of Code Effectiveness (§§ 33391 — 33394) › § 33391 - Existing rights and requirements

The repeal of any provision of the Puerto Rico Internal Revenue Code of 1994 shall not affect any acts conducted or any vested rights or any proceedings or lawsuits started in civil cases, before any such repeal, but all rights and requirements under said law shall continue and may be applied as if such provision had not been repealed.
History —Jan. 31, 2011, No. 1, § 6093.01, retroactive to Jan. 1, 2011.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter C - Consequences of Code Effectiveness (§§ 33391 — 33394) › § 33392 - Crimes and fines

Any crime and penalties or fines imposed for violations of any provision of a repealed law shall be processed and punishment shall be imposed in the same manner and with the same effect as if this Code had not been promulgated.
History —Jan. 31, 2011, No. 1, § 6093.02, retroactive to Jan. 1, 2011.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter C - Consequences of Code Effectiveness (§§ 33391 — 33394) › § 33393 - Reference to other provisions

For purposes of applying the provisions of the Internal Revenue Code of 1994 and this Code to any term, any reference shall be deemed a reference to the corresponding provision of the preceding or subsequent law, as the case may be.
History —Jan. 31, 2011, No. 1, § 6093.03, retroactive to Jan. 1, 2011.
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 1069 - Transitory Provisions (§§ 33361 — 33394) › Subchapter C - Consequences of Code Effectiveness (§§ 33391 — 33394) › § 33394 - Other applicable rules

(a) Reference in other laws to the Puerto Rico Internal Revenue Code of 1994. — Any reference to any other law of Puerto Rico, or to any executive order, or to any provision of Act No, 120 of October 31, 1994, as amended, known as the “Puerto Rico Internal Revenue Code of 1994”, shall be understood, unless otherwise expressly incompatible with the intent of this Code, to refer also to the corresponding section of this Code.
(b) Income and expenditure items not to be duplicated. — Unless expressly provided otherwise, the same item, whether an income, a deduction, or a credit item, shall not be taken into account when computing the taxes imposed by this Code or taxes imposed by the Puerto Rico Internal Revenue Code of 1994.
History —Jan. 31, 2011, No. 1, § 6093.04, retroactive to Jan. 1, 2011.
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 1070 - Provisions Applicable to Partnerships and Members (§§ 33414 — 33423) › § 33414 - Application of this chapter

The provisions of this chapter shall apply to partnerships and partners in such partnerships subject to taxation in accordance with the provisions of §§ 30321 et seq. of this title.
History —Jan. 31, 2011, No. 1, added as § 6100.01 on Dec. 10, 2011, No. 232, § 186.
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 1070 - Provisions Applicable to Partnerships and Members (§§ 33414 — 33423) › § 33417 - Authority of the Secretary

(a) General rule.— The Secretary is authorized and directed to make adjustments at the partnership level in any partnership item to the extent necessary to have such item be treated in the manner required.
(b) Notice of partnership adjustment.—
(1) In general.— If the Secretary determines that a partnership adjustment is required, the Secretary is authorized to send notice of such adjustment to the partnership by certified mail. Such notice shall be sufficient if mailed to the partnership at its last known address even if the partnership has terminated its existence.
(2) Further notices restricted.— If the Secretary sends a notice of a partnership adjustment to any partnership for any partnership taxable year and the partnership files a petition under § 33419 of this title with respect to such notice, in the absence of a showing of fraud, malfeasance, or misrepresentation of a material fact, the Secretary shall not send another such notice to such partnership with respect to such taxable year.
(3) Authority to rescind notice with partnership consent.— The Secretary may, with the consent of the partnership, rescind any notice of a partnership adjustment sent to such partnership. Any notice so rescinded shall not be treated as a notice of a partnership adjustment, for purposes of this section, §§ 33418 and 33419 of this title, with respect to such notice. Nothing in this subsection shall affect any suspension of the running of any period of limitations during any period during which the rescinded notice was outstanding.
History —Jan. 31, 2011, No. 1, added as § 6100.04 on Dec. 10, 2011, No. 232, § 186.
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 1070 - Provisions Applicable to Partnerships and Members (§§ 33414 — 33423) › § 33418 - Restrictions on partnership adjustments

(a) General rule.— Except as otherwise provided in this chapter, no adjustment to any partnership item may be made (and no levy or proceeding in any court for the collection of any amount resulting from such adjustment may be made, begun or prosecuted) before:
(1) The close of the ninetieth (90) day after the day on which a notice of a partnership adjustment was mailed to the partnership, and
(2) if a petition is filed under § 33419 of this title with respect to such notice, the decision of the court has become final and binding.
(b) Premature action may be enjoined.— Any action which violates subsection (a) may be enjoined in the Court of First Instance. The Court of First Instance shall have no jurisdiction to enjoin any action under this subsection unless a timely petition has been filed under § 33419 of this title and then only in respect of the adjustments that are the subject of such petition.
(c) Exceptions to restrictions on adjustments.-
(1) Adjustments arising out of math or clerical errors.-
(A) In general.— If the partnership is notified that, on account of a mathematical or clerical error appearing on the partnership return, an adjustment to a partnership item is required, rules similar to the rules of clauses (1) and (2) of subsection (g) of § 33423 of this title shall apply to such adjustment.
(B) Special rule.— If a partnership is a partner in another partnership, any adjustment on account of such partnership’s failure to comply with the requirements of § 33415(a) of this title with respect to its interest in such other partnership shall be treated as an adjustment referred to in paragraph (A) of this clause, except that § 33423(g)(2) of this title shall not apply to such adjustment.
(2) Partnership may waive restrictions.— The partnership shall at any time (whether or not a notice of partnership adjustment has been issued) have the right, by a signed notice in writing filed with the Secretary, to waive the restrictions provided in subsection (a) on the making of any partnership adjustment.
(d) Limit where no proceeding begun.— If no proceeding under § 33419 of this title is begun with respect to any notice of a partnership adjustment during the ninetieth (90)-day period described in subsection (a) of this section, the amount for which the partnership is liable under § 33416 of this title (and any increase in any partner’s liability for tax under §§ 30041 et seq. of this title by reason of any adjustment under § 33416(a) of this title) shall not exceed the amount determined in accordance with such notice.
History —Jan. 31, 2011, No. 1, added as § 6100.05 on Dec. 10, 2011, No. 232, § 186.
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 1070 - Provisions Applicable to Partnerships and Members (§§ 33414 — 33423) › § 33419 - Judicial review of partnership adjustment

(a) General rule.— Within ninety (90) days after the date on which a notice of a partnership adjustment is sent to the partnership with respect to any partnership taxable year, the partnership may file a petition with the Court of First Instance for a readjustment of the partnership items for such taxable year, filing a complaint as provided by law within a term of thirty (30) days after the mailing date of the notice of final determination, upon posting a bond in favor of the Secretary, before him and subject to his approval, in the amount stated in the aforementioned final determination; Provided however, That the taxpayer may pay the portion of the tax for which it agrees to be liable and litigate the remaining portion, in which case, the bond shall not exceed the amount of the litigated tax, plus interest, surcharges and any other additions to the tax on the deficiency computed in the manner provided in paragraph (1) [sic]. Except as otherwise provided in this subsection, the Court of First Instance shall not address the issue if the requirement to post a bond in the amount stated by the Secretary in the notice of final determination and to file a complaint with the Court of First Instance, both within the term provided above, are not met. The bond shall not exceed the amount of the notified tax, plus interest on the deficiency computed for the period of one additional year at a ten percent (10%) annual rate.
(b) The provisions of § 33002 of this title shall apply supplementarily to the provisions of this section, except for paragraph (1) and (2) of subsection (a) [sic].
History —Jan. 31, 2011, No. 1, added as § 6100.06 on Dec. 10, 2011, No. 232, § 186.
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 1070 - Provisions Applicable to Partnerships and Members (§§ 33414 — 33423) › § 33420 - Period of limitations for making adjustments

(a) General rule.— Except as otherwise provided in this section, no adjustment to any partnership item may be made after the date which is four (4) years after the later of:
(1) The date on which the partnership return for such taxable year was filed, or
(2) the last day for filing such return for such year (determined without regard to extensions).
(b) Extension by agreement.— The period described in subsection (a) of this section (including an extension period under this subsection) may be extended by an agreement entered into by the Secretary and the partnership before the expiration of such period.
(c) Special rule in case of fraud, etc.—
(1) False return.— In the case of a false or fraudulent partnership return with intent to evade tax, the adjustment may be made at any time.
(2) Substantial omission of income.— If any partnership omits from gross income an amount properly includible therein which is in excess of twenty-five percent (25%) of the amount of gross income stated in its return, subsection (a) shall be applied by substituting “four (4) years” for “six (6) years”.
(3) No return.— In the case of a failure by a partnership to file a return for any taxable year, the adjustment may be made at any time.
(4) Return filed by Secretary.— For purposes of this section, a return executed by the Secretary under § 33205 of this title on behalf of the partnership shall not be treated as a return of the partnership.
(d) Suspension when Secretary mails notice of adjustment.— If notice of a partnership adjustment with respect to any taxable year is mailed to the partnership, the running of the period specified in subsection (a) (as modified by the other provisions of this section) shall be suspended.
(1) For the period during which an action may be brought under § 33419 of this title (and, if a petition is filed under § 33419 of this title with respect to such notice, until the decision of the court becomes final and binding), and
(2) for one (1) year thereafter.
History —Jan. 31, 2011, No. 1, added as § 6100.07 on Dec. 10, 2011, No. 232, § 186.
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 1070 - Provisions Applicable to Partnerships and Members (§§ 33414 — 33423) › § 33421 - Administrative adjustment requests

(a) General rule.— A partnership may file a request for an administrative adjustment of partnership items for any partnership taxable year at any time:
(1) Within four (4) years after the later of:
(A) The date on which the partnership return for such year is filed, or
(B) the last day for filing the partnership return for such year (determined without regard to extensions), and
(2) before the mailing to the partnership of a notice of a partnership adjustment with respect to such taxable year.
(b) Secretary action.— If a partnership files an administrative adjustment request under subsection (a), the Secretary may allow any part of the requested adjustments.
(c) Special rule in case of extension under § 33420 of this title.-If the period described in section § 33420(a) of this title is extended pursuant to an agreement under § 33420(b) of this title, the period prescribed by subsection (a)(1) of this section shall not expire before six (6) months after the expiration of the extension under section § 33420(b) of this title.
History —Jan. 31, 2011, No. 1, added as § 6100.08 on Dec. 10, 2011, No. 232, § 186.
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 1070 - Provisions Applicable to Partnerships and Members (§§ 33414 — 33423) › § 33422 - Judicial review where administrative adjustment request is not allowed in full

(a) In general.— If any part of an administrative adjustment request filed under § 33421 of this title is not allowed by the Secretary, the partnership may file a petition for an adjustment with respect to the partnership items to which such part of the request relates.
(b) Period for filing petition.— A petition may be filed under subsection (a) with respect to partnership items for a partnership taxable year only.
(1) After the expiration of six (6) months from the date of filing of the request under § 33421 of this title, and
(2) before two (2) years after the date of such request.
The two (2)-year period set forth in clause (2) of this subsection shall be extended for such period as may be agreed upon in writing by the partnership and the Secretary.
(c) Coordination.—
(1) Notice of partnership adjustment before filing of petition.— No petition may be filed under this section after the Secretary mails to the partnership a notice of a partnership adjustment for the partnership taxable year to which the request under § 33421 of this title relates.
(2) Notice of partnership adjustment after filing but before hearing of petition.— If the Secretary mails to the partnership a notice of a partnership adjustment for the partnership taxable year to which the request under § 33421 of this title relates after the filing of a petition under this subsection, but before the hearing of such petition, such petition shall be treated as an action brought under § 33419 of this title with respect to such notice, but the bond required under § 33419(a)(2) of this title shall not be required.
(3) Notice must be before expiration of statute of limitations.— A notice of a partnership adjustment for the partnership taxable year shall be taken into account under clauses (1) and (2) of this subsection only if such notice is mailed before the expiration of the period prescribed by § 33420 of this title for making adjustments to partnership items for such taxable year.
(d) Scope of judicial review.— Except in the case described in subsection (c)(2) of this section, the Court of First Instance shall have jurisdiction to determine only those partnership items to which the part of the request under § 33421 of this title not allowed by the Secretary relates and those items with respect to which the Secretary asserts adjustments as offsets to the adjustments requested by the partnership.
History —Jan. 31, 2011, No. 1, added as § 6100.09 on Dec. 10, 2011, No. 232, § 186.
2023 Laws of Puerto Rico › TITLE FOURTEEN - Private Corporations (§§ 1 — 4084) › Subtitle 2 - Additional Provisions (§§ 421 — 454) › Chapter 71 - Inspection of Books and Accounts (§§ 421 — 423) › § 421 - Inspection—By Secretary of State

The Secretary of State of Puerto Rico is hereby authorized to inspect or examine either per se or through his subordinates, the books, accounts, records, files and other documents of all domestic and foreign corporations authorized to do business in Puerto Rico, to the end of having said corporations fully comply with the restrictions and obligations imposed on them by law. It shall be the duty of the Secretary of State to see that all domestic and foreign corporations authorized to do business in Puerto Rico render punctually to said official all such reports as they may be under obligation to render under the provisions of the Law of Private Corporations, or in accordance with the provisions of any other existing statute applicable to private corporations.
It shall likewise be the duty of the Secretary of State of Puerto Rico to verify the correctness and source of such reports.
History —Mar. 7, 1951, No. 6, p. 10, § 1.