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) › § 33004 - Bankruptcies and receiverships

(a) In general. — Upon filing bankruptcy or upon assigning a receiver for any taxpayer at any court proceeding, any deficiency (plus interest, additional amounts, or additions to taxes imposed by this Code) determined by the Secretary in connection with any taxes imposed by this Code on the taxpayer shall be, notwithstanding the provisions of § 33002(a) of this title, immediately assessed pursuant to the provisions of this part.
(b) Stay of prescriptive term. —
(1) The prescriptive term for collecting debts covered by filing bankruptcy or requesting a receivership shall be stayed for the period comprised between the date bankruptcy is filed, or the date the receivership starts, and ninety (90) days after the date the bankruptcy case is discharged or closed, whichever occurs the latest.
(2) Likewise, a filing for bankruptcy shall extend the term for the expiration of the attachment made by the Secretary by the remainder of the term pending expiration as of the date bankruptcy was filed. The term shall begin to run again from the date bankruptcy proceedings are dismissed or discharged and closed. In the event that an attachment made by the Secretary is modified during bankruptcy or receivership proceedings, and after such proceedings are cancelled or dismissed, the attachment shall revert to its original state, before the modification, by reinstating the taxes owed, plus interest, additional amounts, or additions to taxes, as provided in this Code.
(c) Interruption of prescriptive term. — If the Secretary starts an investigation within the four (4) years granted under this Code to assess debts, the prescriptive term for assessment shall be deemed to be interrupted until the Bankruptcy Court makes a final adjudication as to the correction of the debt notified as deficiency, or until the taxpayer accepts the deficiency as notified, whichever occurs first. The prescriptive term for assessment shall be deemed to be interrupted until the conclusion of the controversy regarding whether the deficiency resulting from an investigation started within a bankruptcy case. Any objections by the taxpayer within a bankruptcy case concerning the deficiencies notified by the Secretary shall stay the term to assess deficiencies until the controversy concerning the same is resolved.
(d) Deficiencies. — Any deficiency identified by an investigation by the Secretary, of which final notice has been given to the taxpayers within three hundred sixty-five (365) days before the date bankruptcy is filed, or after the bankruptcy case has been filed, shall be deemed to be incurred and enforceable in the taxable year of the date of notice. Deficiencies shall thus be claimed and collected during bankruptcy cases.
(e) Deficiency claim. — Claims in connection with deficiencies and interest, additional amounts, or additions to taxes shall be filed with the Bankruptcy Court, or the court conducting receivership proceedings, notwithstanding the fact that there are proceedings pending before the Court of First Instance in connection with an assessed deficiency.
(f) Unpaid claims. —
(1) After discharging the taxpayer and closing bankruptcy or receivership proceedings, the Secretary may demand payment of any portion of the claim confirmed by the court, accepted by the taxpayer, and included as part of the confirmed plan, and which has not been discharged or paid by the taxpayer, reorganized debtor, or receiver.
(2) After notice and demand, the debt may be collected by means of demand for payment proceedings or by court proceedings within a term of five (5) years, or within the remainder of the prescriptive term interrupted by the bankruptcy, whichever is greater, counted from the term provided in subsection (b).
(3) In cases in which there is a novation of the debt with the Secretary as a result of a reorganization plan, he/she may file proceedings by means of demand for payment or by court proceedings without prior notice and demand.
(4) Time extensions for such payment may be obtained in the same manner, and subject to the same provisions and limitations as provided in §§ 33002 and 33075 of this title concerning deficiencies in connection with any taxes imposed by any part of this Code.
History —Jan. 31, 2011, No. 1, § 6010.04, retroactive to Jan. 1, 2011.