2023 Laws of Puerto Rico › TITLE FOUR - Judiciary (§§ 1-3 — 2166) › PART VI - Notarial Practice (§§ 2001 — 2166) › Chapter 101 - 1987 Notarial Act (§§ 2001 — 2144) › Subchapter III - Duties of the Notary (§§ 2021 — 2023) › § 2022 - Duties of the notary—Information return on division, merger, or transfer of real estate and tax exemption request

In the execution of deeds of division, merger, or transfer of dominion, the transferor or the person who divides or merges shall be bound to execute and deposit in the office of the authorizing notary the Information Return of the Division, Merger, or Transfer of Real Estate.
Said return shall include the following information:
(1) Number, date of the deed and legal business transacted.
(2) Name of those appearing, specifying the nature of their appearance and Social Security number.
(3) Property or cadastre number.
The property cadastre number shall be taken from the latest available tax notice or receipt issued by the Municipal Revenue Collection Center.
It is hereby provided that the Municipal Revenue Collection Center shall provide the cadastre number or code within seven (7) days of its request. If this is not possible, it shall issue a negative certificate stating the reasons for which the requested number cannot be furnished. This certificate shall be delivered to the Secretary of the Treasury and the Municipal Revenue Collection Center together with the informative return.
(4) The real property register’s data, including folio, volume, farm number, and town.
(5) Appraisal value.
(6) Type of deed, if it applies.
(7) Type of property, its location and address.
The return shall also include any other information required by the Secretary of the Treasury in said form, which shall be obtained by the notary at the time of executing the public instrument. The information provided by the notary on said return shall be ascertained by the public faith held by the notary.
In the case of the transfer of a residential real property, the notary shall be required to inform and advise the acquirer that if his/her intention is to use the real estate property as principal residence, he/she shall request the benefits of the real property tax exemption, pursuant to § 5001 of Title 21, known as the “Municipal Property Tax Act of 1991”. The notary shall include this advice in the transfer deed.
In the case of transfers, alienations, or other transactions whereby real property that is fully or partially exempt from the payment of fees on account of internal revenue stamps or vouchers required by law for the execution of public documents and their filing and recording in any public registry of the Government pursuant to the “Real Property Market Stimulus Act”, the “Housing Market Boost Program’s Transition Act”, and the “New Housing Surplus Inventory Purchase and Investment Stimulus Act”, is disposed of or encumbered, the notary shall be required to state at the end of the appropriate deed the applicability of the exemption granted under said Act, based on the representation of the parties.
Notaries shall be required to file with the Department of the Treasury, on a monthly basis, the returns corresponding to the deeds executed before them during the preceding month on the tenth (10th) day of the month following the execution of said deeds. Said returns shall be filed in the form and manner established by the Secretary of the Treasury through regulations, circular letter, informational bulletin, or administrative determination of a general nature, including, but not limited to electronic filing. Provided, that the Notary shall enclose with such returns, attached to the corresponding deed that is part of his/her public instrument protocol, a copy of the Newly-Built Property certification to be issued by the seller of the real property, pursuant to the “Real Property Market Stimulus Act”, the “Housing Market Boost Program’s Transition Act”, and the “New Housing Surplus Inventory Purchase and Investment Stimulus Act”. The Secretary of the Treasury shall share the records of the electronically filed returns with the Municipal Revenue Collection Center (CRIM).
The Department of the Treasury shall certify and report to the Office of Management and Budget any income not earned by the Legal Aid Society as a result of the incentives provided under the Housing Market Boost Program’s Transition Act. The Office of Management and Budget shall appropriate and transfer to the Legal Aid Society the amount corresponding to the stamp fees not collected, pursuant to §§ 896–899 of this title, and Act No. 244-2004.
History —July 2, 1987, No. 75, p. 242, § 11; Sept. 4, 2004, No. 250, § 1; Dec. 13, 2007, No. 196, § 6; Aug. 9, 2008, No. 240, § 1; Sept. 2, 2010, No. 132, § 2; July 13, 2011, No. 140, § 1; Nov. 1, 2011, No. 216, § 7; Nov. 21, 2011, No. 226, § 7, retroactive to Nov. 1, 2011.