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) › § 30275 - Requirement of estimated income tax payment on the distributive share in the income of a corporation of individuals

(a) Requirement to withhold.— The corporation, or any other persons to whom the obligation to furnish the report described in § 30247(b) of this title to shareholders has been delegated, shall determine and remit an amount equal to:
(1) Thirty percent (30%) of the estimated amount of the distributive share of a shareholder in the income of a corporation of individuals described in § 30584(b)(10) of this title minus,
(2) the amount withheld pursuant to §§ 30272 and 30273 of this title, or the distributive share in the surtax on gross income imposed in § 30090 of this title, whichever is greater, during those periods specified in subsection (b).
(b) Return and payment of requirement to file a return and pay the tax withheld.— Every special corporation of individuals 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 corporation. Such return shall be filed with the Secretary and shall contain such information and be made in such a manner as the Secretary may prescribe through regulations to such effect.
(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 determine and withhold the amount referred to in subsection (a), unless the shareholder pays the tax to the Secretary, the amount which should have been determined and remitted shall be directly collected from the corporation of individuals 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 § 33082 of this title.
(f) Regulations by the Secretary.— The Secretary shall regulate the determination of the estimated amount of the distributive share in the income of the corporation of individuals for purposes of this section.
(g) Whenever it is shown to the satisfaction of the Secretary, or when the Secretary him/herself determines that the obligation 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, § 1062.05, retroactive to Jan. 1, 2011; Dec. 10, 2011, No. 232, § 69; June 30, 2013, No. 40, § 28.