reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART I (§§ 5001 — 5252) › Chapter 249 - System of Self-Determination as to the Personal Property Tax (§§ 5201 — 5240) › § 5232 - Additional penalties

Any person who with regard to a final agreement, intentionally conceals from any official, employee or representative of the Collection Center any personal property belonging to the taxpayer or any other responsible person concerning taxes; or who receives, destroys, mutilates or falsifies, any book, document, or record, or makes any false statement under oath regarding the taxpayer’s personal property or regarding the taxes on said property, shall incur a felony, and upon conviction, shall be sanctioned with a fine of five thousand dollars ($5,000) or punished by imprisonment for five (5) years; or both penalties, at the discretion of the court.
History —Aug. 30, 1991, No. 83, § 6.32.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART I (§§ 5001 — 5252) › Chapter 249 - System of Self-Determination as to the Personal Property Tax (§§ 5201 — 5240) › § 5233 - Payments

(a) Power to receive them.— The Collection Center or its representative shall have the faculty to receive payment of the taxes on personal property levied by this chapter in currency of the United States of America, in cash delivered personally to the Tax Collector’s Office or its authorized representatives, with certified checks, cashier’s checks or money orders drawn against a bank or trust company, and postal, bank, express and telegraph money orders payable to the Collection Center.
(b) Transfer of responsibility.—
(1) Duly paid check or money order.— No person who is indebted to the Collection Center for personal property taxes levied by law who has delivered a certified check, a manager’s check, or a cashier’s check or money order as provisional payment for said taxes pursuant to the terms of this subsection shall be relieved from the obligation of making the definitive payment thereof until said certified check, manager’s check, or cashier’s check or money order, has been duly paid.
(2) Unpaid check or money order.— If any check or money order thus received is not duly paid, the Collection Center shall hold a lien in the amount of said check on all the bank’s assets against which it has been drawn, or for the amount of said money order on the assets of the drawer thereof; and said amount shall be paid from its assets with preference over any other claims of any type against said bank or drawer, except administrative disbursements and expenses.
(c) Other checks.— In addition to the checks specified in subsection (a) of this section, the Collection Center or its authorized representative may receive uncertified checks in payment of personal property taxes levied by this chapter, for the term and under those rules and regulations prescribed by it.
If a check thus received is not paid by the bank against which it was drawn, the taxpayer who delivered said check in payment of his/her tax shall remain liable for the payment of the tax and all penalties and legal additions for up to the same limit as if said check had not been drawn.
History —Aug. 30, 1991, No. 83, § 6.33.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART I (§§ 5001 — 5252) › Chapter 249 - System of Self-Determination as to the Personal Property Tax (§§ 5201 — 5240) › § 5234 - Liens—Legal collection procedure

(a) Except as otherwise provided by law with respect to other taxes, the amount of the personal property taxes levied by law, including interest, penalties, additional amounts and additions to said taxes, shall constitute a prior lien in favor of the Collection Center on all the real and personal property, and the real rights of the taxpayer as of the date on which payment therefor is required by the Collection Center or authorized representative, and shall continue to be in effect until the amount owed is totally paid, or until the term for commencing a legal collection procedure or a court proceeding for its collection, has expired.
(b) Such a lien shall not be valid against a mortgage creditor, a financially backed creditor or buyer or a judgment creditor, until the Collection Center or its authorized representative has annotated or registered the attachment referred to in § 5235 of this title in the Real Estate Record Office, but in such case, the lien will be valid and shall have preference only from and after the date of such annotation or registration and solely with respect to liens and encumbrances after such a date.
History —Aug. 30, 1991, No. 83, § 6.34.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART I (§§ 5001 — 5252) › Chapter 249 - System of Self-Determination as to the Personal Property Tax (§§ 5201 — 5240) › § 5235 - Liens—Collection of taxes

Personal property taxes levied by law, including interest, penalties, additional amounts and additions to said taxes, may be collected by the Collection Center or its authorized representative through the legal collection procedure established by this title for the collection of real estate taxes. The Collection Center may direct the collector or the corresponding authorized collector to attach, pursuant to the legal collection procedure, the taxpayer’s real and personal property or real rights, to secure or collect the payment of said taxes, including interest, penalties, additional amounts and additions thereto, as soon as said taxes, including interest, penalties, additional amounts and additions to the same have been appraised, and without it being necessary to let the period provided by this title for their payment prescribe, nor to proceed prior to attaching the taxpayer’s chattels. The Property Registrar shall annotate the attachments corresponding to real property in the Real Property Attachment Record in favor of the Collection Center and will also make a note in the margin thereof, or following the registry entries for the taxpayer’s real assets or real rights. Should the Collection Center adjudicate upon itself real property or real rights subject to prior preferred liens as payment for said taxes and other additional amounts, the owner of such a lien may enforce same against said property making the Collection Center a defendant in the procedure to be followed, for which the Collection Center grants consent.
History —Aug. 30, 1991, No. 83, § 6.35.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART I (§§ 5001 — 5252) › Chapter 249 - System of Self-Determination as to the Personal Property Tax (§§ 5201 — 5240) › § 5236 - Penalties for failing to file the real estate tax return or submit information

Any person bound under this title to file a tax return, to keep evidence or furnish information, data and other matters for appraisal, computation or collection of any personal property tax under the law, who willfully fails to file said tax return, to keep said evidence or furnish said information, data or other matters imposed by this title within the term or terms fixed by law or regulations, shall, in addition to all the penalties provided by law, incur a misdemeanor, and upon conviction shall be sanctioned with a fine of five hundred dollars ($500), or punished by imprisonment for six (6) months, or both penalties, at the discretion of the court.
History —Aug. 30, 1991, No. 83, § 6.36.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART I (§§ 5001 — 5252) › Chapter 249 - System of Self-Determination as to the Personal Property Tax (§§ 5201 — 5240) › § 5237 - Tax returns, sworn statements and fraudulent claims

Any person who willfully aids or abets, seeks, counsels, or instigates, the preparation of a false or fraudulent tax return, sworn statement, claim or document, under this chapter, or with regard to any matter that arises under this title, regardless of whether or not said falsehood or fraud has been committed with the knowledge of the person authorized or bound to file said tax return, sworn statement, claim or document, shall incur a felony, and upon conviction, shall be sanctioned with a fine of three thousand dollars ($3,000) or punished by imprisonment for three (3) years, or both penalties, at the discretion of the court.
History —Aug. 30, 1991, No. 83, § 6.37.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART I (§§ 5001 — 5252) › Chapter 249 - System of Self-Determination as to the Personal Property Tax (§§ 5201 — 5240) › § 5238 - Authentication of the tax return; penalty for perjury

(a) Penalties.— Any person who willfully completes or signs any tax return, statement or other document that includes or is authenticated by a sworn statement to the effect that it is given under the penalties for perjury, that he/she does not believe that said tax return form or statement, or said document, are true and correct with regard to every pertinent fact, shall incur a misdemeanor, and upon conviction, shall be sanctioned with a fine of five hundred dollars ($500) or punished by imprisonment for six (6) months, or both penalties, at the discretion of the court.
(b) Signature presumed authentic.— The fact that the name of an individual is signed on a tax return, statement or other document that is filed, shall be prima facie evidence for all purposes that the tax return form, statement or other document was signed, in effect, by said person.
(c) Definition of the term “person”.— As used in this section, the term “person” includes an individual as such, an official, director, agent or employee of a corporation or a financial organization, and a partner, agent or employee of a partnership, who in such a capacity is bound to perform the act with respect to which the violation occurs.
History —Aug. 30, 1991, No. 83, § 6.38.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART I (§§ 5001 — 5252) › Chapter 249 - System of Self-Determination as to the Personal Property Tax (§§ 5201 — 5240) › § 5239 - Illegal acts by officials or employees

(a) Felony.— Every official or employee of the Department of the Treasury, the Collection Center, or any authorized representative to whom functions are delegated, who while acting under the authority of this part incurs any of the acts listed hereinbelow, shall commit a felony, and upon conviction, shall be sanctioned with a fine of five thousand dollars ($5,000), or punished by imprisonment for five (5) years, or both penalties, at the discretion of the court.
(1) Commits the crime of extortion; or
(2) conspires or agrees with any other person to defraud the Collection Center or the Commonwealth of Puerto Rico;
(3) voluntarily gives the opportunity to any person to defraud the Collection Center or the Commonwealth of Puerto Rico; or
(4) executes or fails to execute any act with the intention of allowing any other person to defraud the Collection Center or the Commonwealth of Puerto Rico;
(5) willfully makes or signs any false entry in any book, or willfully makes or signs any false statement, return, or certificate in any case in which under this title or by regulation he/she is bound to make or sign such an entry, statement, return, or certificate; or
(6) having knowledge or information of such a violation of this chapter by any person, or of fraud committed by any person against the Collection Center or the Commonwealth of Puerto Rico, fails to communicate the knowledge or information he/she has of such violation or fraud, in writing, to his immediate superior; or
(7) willfully demands other or greater amounts than those authorized by law, or receives any fee, compensation or gratuity for the performance of any duty; or directly or indirectly solicits, accepts or collects as payment, gift or otherwise, any amount of money or other thing of value, favor or sinecure for transacting, adjusting or fixing any charge or claim for any violation or alleged violation of this chapter, or
(8) negligently or intentionally allows any violation of this chapter by any person.
(b) Misdemeanor.— Any official or employee of the Department of the Treasury, of the Collection Center, or any of their authorized representatives upon whom functions are delegated, and who, acting under the authority of this part, willfully, and without a valid excuse fails to carry out any of the duties imposed on them shall incur a misdemeanor, and upon conviction, shall be sanctioned with a fine of five hundred dollars ($500), or punished by imprisonment for six (6) months, or both penalties, at the discretion of the court. The conviction of any public official or employee or authorized representative for any of the illegal acts listed in this section will entail their removal from the position or job he/she holds.
History —Aug. 30, 1991, No. 83, § 6.39.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART I (§§ 5001 — 5252) › Chapter 249 - System of Self-Determination as to the Personal Property Tax (§§ 5201 — 5240) › § 5240 - Fraud or falsehood in the request for exemption or exonerations

Any person who, in order to avail him/herself of the benefits of exemption or exoneration from payment of the taxes authorized by this part, provides any fraudulent statement, evidence, or information, or intentionally fails to provide or conceals the true details that allow the Collection Center, or its authorized representative, to make a correct computation of the exemption or exoneration granted by this part, shall be guilty of a misdemeanor and sanctioned with the penalties established in §§ 4629 et seq. of Title 33, known as the “Penal Code of Puerto Rico”, for such offense classification.
History —Aug. 30, 1991, No. 83, § 6.40; May 11, 2010, No. 51, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART I (§§ 5001 — 5252) › Chapter 251 - General Provisions (§§ 5251 — 5252) › § 5251 - Crimes; jurisdiction of the Court of First Instance

Exclusive jurisdiction is hereby granted to the Court of First Instance to have jurisdiction in the trials for the crimes stipulated in this part.
History —Aug. 30, 1991, No. 83, § 7.01.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART I (§§ 5001 — 5252) › Chapter 251 - General Provisions (§§ 5251 — 5252) › § 5252 - Rules and regulations

The Governing Board of the Collection Center shall prescribe and promulgate the rules and regulations needed for the compliance, execution and proper interpretation of this part. It shall also prescribe any other regulations that become necessary for reason of any legal change with regard to property taxes. All rules, regulations, norms and directives previously issued by the Secretary of the Treasury to that effect, that are not in conflict with the provisions of this part shall continue in effect until the Governing Board of the Collection Center promulgates said regulations.
History —Aug. 30, 1991, No. 83, § 7.02.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5801 - Definitions

The following terms and phrases shall have the meaning set forth hereinbelow:
(a) Public agency.— Shall mean any public department, program, bureau, office, board, commission, company, administration, authority, institute, body, service, dependency and corporation and a subsidiary thereof and an instrumentality of the Commonwealth Government.
(b) Base year.— Shall mean any fiscal year immediately previous to the current fiscal year.
(c) Fiscal year.— Shall mean the period of twelve (12) consecutive months that begins July 1, of any calendar year and ends June 30 of the next calendar year.
(d) Government Bank.— Shall mean the Government Development Bank for Puerto Rico, created by §§ 551 et seq. of Title 7.
(e) Center.— Shall mean the public entity created to render fiscal services to the municipalities and which is called “Municipal Revenues Collection Center”.
(f) Commissioner.— Shall mean the Commissioner of the Office of Municipal Affairs, created by the Autonomous Municipalities Act of the Commonwealth of Puerto Rico of 1991, §§ 4001 of this title.
(g) Executive Director.— Shall mean the highest-ranked executive official responsible for the administrative direction and daily operation of the Center.
(h) Fund.— Shall mean the “Municipal Revenues Matching Fund”, which shall nourish from the monies transferred to the municipalities pursuant to §§ 5801–5820 of this title.
(i) General Fund.— Shall mean the general fund of the Commonwealth of Puerto Rico.
(j) Commonwealth Government.— Shall mean the Government of the Commonwealth of Puerto Rico and its public agencies, including the Legislative and Judiciary Branches, as well as their attached dependencies and offices.
(k) Board.— Shall mean the Governing Board of the Center, duly constituted in the manner provided in §§ 5801–5820 of this title.
(l) Municipality or Municipal Government.— Shall mean the political and juridical entity of the local government, composed by a Legislative Branch and an Executive Branch.
(m) Person.— Shall mean any natural or juridical entity, including private corporations, partnerships, associations, credit unions, successions, group of persons, entities and institutions.
(n) Net internal revenues.— Shall mean the total amount of revenues of the General Fund that result after deducting the revenues that arise from external sources, non-recurrent revenues and revenues from which special accounts and funds nourish.
(o) Secretary.— Shall mean the Secretary of the Department of the Treasury.
(p) Additional Lottery System.— Shall mean the game system created by §§ 801 et seq. of Title 15.
History —Aug. 30, 1991, No. 80, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5802 - Creation and purposes

A municipal entity, independent and separate from any other agency or instrumentality of the Government of the Commonwealth of Puerto Rico named “Municipal Revenues Collection Center” is hereby created. The Center is the fiscal services entity whose primary responsibility shall be to collect, receive and allocate the public funds arising from the sources indicated in this chapter and which correspond to the municipalities. The Center shall be subject to the provisions of §§ 2101 et seq. of Title 3.
History —Aug. 30, 1991, No. 80, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5805 - Governing Board—Internal organization

The Board shall elect the President from among its mayors members, through the affirmative vote of the majority of the total of members of the Board.
The Board shall meet in regular session at least once a month and may hold all those special meetings that are needed to tend to the matters of the Center, after a summons from its President, or upon petition of at least two-thirds (⅔) of its members. Any summons for a special session must be made in writing and all members shall be notified with no less than forty-eight (48) hours prior to the date of the meeting in question.
Five (5) members of the Board shall constitute a quorum. Except in those cases provided in this chapter, the agreements of the Board shall be taken by a majority of its members. When there is no affirmative vote of the majority of the members of the Board, the matter, proposition, resolution or proposal in question shall be understood as being defeated. The agreements on tax determinations shall require the unanimous approval of all mayors, members of the Board. The Board shall adopt bylaws for its internal operation.
The members of the Board shall receive no remuneration or compensation whatsoever for performing their duties.
History —Aug. 30, 1991, No. 80, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5807 - Executive Director—Appointment

The Center shall be directed by an Executive Director appointed by the Board. The Director shall be the executive head of the Center, shall exercise those duties and powers provided in §§ 5801–5820 of this title or in any other act under the administration of the Center, as well as those delegated by the Board or its President. The Board shall fix the salary or remuneration of the Executive Director according to the customary standards for positions of equal or similar nature and to the level of responsibility in the public service sector.
The Executive Director shall hold office at the Board’s volition and must hold a bachelor’s degree of an institution of higher education recognized by the Council on Higher Education, not to have filled the position of mayor during the four (4) years prior to the date of his appointment and be a person of renown administrative capacity and moral probity. The Executive Director may avail himself to the benefits of §§ 761 et seq. of Title 3 known as the “Employees Retirement System Act of the Government of Puerto Rico and its Instrumentalities”.
The Executive Director shall appoint an Acting Director who shall substitute him provisionally in each case of temporary absence. When for any cause the position of Executive Director is vacant, the Acting Director shall assume all the functions, duties and faculties of the position, until the successor of the Director is appointed and qualifies. The Acting Director must meet the same requirements that are provided in this section for the Executive Director and shall exercise his position at the later’s volition.
History —Aug. 30, 1991, No. 80, § 8.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5809 - Personnel of the Center

The Center shall be an “individual administrator”, as the term is defined in Act No. 5 of October 14, 1975 known as “Public Service Personnel Act”, and shall adopt the rules and regulations that are necessary for the administration of its personnel system, upon approval by the Board. Said rules shall guarantee that any person who had previously been a career employee in any other agency or municipality prior to his/her services as a confidential employee of the Center shall have the right to be reinstated in a position of equal or similar nature and category to the one he/she held as a career servant at the moment that he/she was promoted to a confidential position. To those effects, the regulatory mechanisms available to guarantee a retribution in accordance to his/her competence and specialized knowledge may be used.
No person who has a tax obligation or any other kind of debt with a municipality may hold any office in the Center, unless a payment plan has been agreed upon for the liquidation of said debt, and he/she is up to date in the installments. The officials and employees of the Center shall be subject to §§ 1801 et seq. of Title 3 known as the “Ethics in Government Act of the Commonwealth of Puerto Rico”.
The officials and employees of the Center shall be entitled to the benefits of §§ 761 et seq. of Title 3 known as “Employees Retirement System Act of the Government of Puerto Rico and its Instrumentalities”.
Every official, employee and examiner of the Center shall pledge faithful compliance with the functions of his office and shall not disclose any of the information obtained in the course of his/her official efforts.
History —Aug. 30, 1991, No. 80, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5810 - Personnel of the Center—Bond

The officials and employees of the Center, who in any way intervene or have money, securities or any other public property under their custody, shall be covered by a fidelity bond that shall guarantee faithful compliance with their functions and duties. The Board, after consulting with the Secretary of his authorized representative, shall decide through regulation those officials and employees who shall be covered by said bond and the amount thereof for each one of them.
The Secretary shall represent the Center in every aspect related to the contracting of the bond, the risks to be covered and processing of all claims that may arise under the terms of the policy, in the manner he deems best for the public interest. To those effects, the Executive Director of the Center shall annually submit to the Secretary, on the date he determines, a list of the names of the officials and employees that according to the applicable regulations should be covered by said bond.
History —Aug. 30, 1991, No. 80, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5811 - Purchasing and supplies

The Center shall be exempted from §§ 931 et seq. of Title 3 known as “General Services Administration Act”. All purchases for goods and services shall be made according to the rules and regulations adopted by the Board. Such norms and regulations shall provide that every purchase and contract for supplies or services, excluding those by professionals, which exceeds the amount of thirty thousand dollars ($30,000), shall require a formal bid. When the total amount of said purchase or contract is less than said amount, a procedure to request for proposals from at least three (3) bidders or suppliers, shall be provided through regulations.
In case of emergencies requiring immediate delivery of materials, goods and equipment or the rendering of specific services, or in case of agreements or contracts with public agencies, financial institutions and tax collecting savings and credit unions no call for bids shall be necessary.
The Center shall be subject to compliance with Act No. 42 of August 5, 1989 known as “Preference Procurement Policy Act of the Government of Puerto Rico”.
History —Aug. 30, 1991, No. 80, § 12.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5813 - Loans and obligations for advances of funds

For the purposes provided in § 5803(j) of this title, and upon approval of the Board, the Center may make loans and issue notes in advance of the collection of estimated taxes and revenues to be received during the current fiscal year period to pay budgeted expenses to be incurred during said fiscal period and pay the expenses related to the sale and issuing of said notes. The outstanding principal of the outstanding notes in any fiscal period shall not exceed eighty percent (80%) of the estimated taxes and revenues for the current fiscal period or the maximum estimate of cash deficiency from the date of issuance of the notes, until the closing of said fiscal period, whichever of two is less. The Center shall authorize the issuance of notes through a resolution adopted by the Board, under the terms and conditions that the Center, with the advise of the Government Bank, deems shall be the most convenient to the municipalities. The notes issued by the Center by virtue of this section, shall not constitute a debt of the Commonwealth of Puerto Rico, the municipalities or any other political subdivision of the Government of Puerto Rico. The provisions of §§ 581 et seq. of Title 7 shall be applicable to the Center.
History —Aug. 30, 1991, No. 80, § 14.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5814 - Municipal Matching Revenues Fund

A special fund is hereby established in the Government Bank named “Municipal Matching Fund” which shall be kept separate from any funds of the Central Government or the municipalities. The total of the funds transferred to the municipalities in § 5815 of this title shall be covered into said Fund, pursuant to that which is provided in the trust contract that the Center is bound to subscribe with said Bank.
The funds set forth in subsection (a) of § 5815 of this title shall be received by the Government Bank, according to the collection covenants or agreements entered into with the Center. The funds from the sources indicated in subsections (b) and (c) of § 5815 of this title shall be transferred directly to said Bank by the Secretary through the procedures and norms applicable to such transfers.
History —Aug. 30, 1991, No. 80, § 15.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5815a - Funds—Municipal Public Works

The Municipal Public Works Fund is hereby created to be nourished by two percent (2%) of the revenues obtained from the fines collected for violations of §§ 5001 et seq. of Title 9, as now or subsequently amended. The resources of said fund shall be used to create new capital works and make improvements to existing works in the various municipal jurisdictions. Provided, That when this act takes effect, the municipalities may choose to use the portion of the aforementioned funds corresponding to each, to increase their current revenues, and if possible, to create their borrowing capability so as to carry out capital improvements. At the end of each fiscal year the Secretary shall transfer the totality of the funds obtained to the Center to be equally distributed, pursuant to the procedure established in § 5817 of this title.
History —Aug. 30, 1991, No. 80, added as § 16-A on June 14, 2004, No. 147, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5816 - Funds—Distribution in trust

The funds in the general trust that the Center establishes with the Government Development bank for Puerto Rico, pursuant to § 5803(c) of this title, shall be distributed by the Center in the following order of priority:
(a) The amount that corresponds to the surtax for the service and redemption of the general obligation of the Commonwealth of Puerto Rico, shall be deposited in the Commonwealth Debt Redemption Fund.
(b) Except as provided in the second paragraph of § 5002 of this title, the amount corresponding to the surtax for the service and redemption of the general obligations of the municipalities and any other amount needed for such purposes shall be covered into the Municipal Public Debt Redemption Fund.
(c) The amount that corresponds to the provision for the payment of statutory obligations or debts of the municipalities shall be withheld and referred to the corresponding paying agent.
(d) The amount that corresponds to the provision for the operations and administration expenses of the Center shall be deposited in the account designated by the Center.
(e) The unencumbered remainder of the other property taxes, and other income shall be distributed to the municipalities according to the provisions of §§ 5801–5820 of this title.
History —Aug. 30, 1991, No. 80, § 17; July 31, 1992, No. 42, § 4; July 3, 1996, No. 64, § 33, renumbered as § 35 on Aug. 12, 1997, No. 75, § 35; June 24, 1998, No. 95, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5818 - Rights exemption

The Center shall be exempt from payment of all right or tariff required to handle judicial proceedings. Likewise, it shall be exempt from payment and cancellation of seals, tariffs and others required by law in public documents. It shall also have a right to a gratuitous issuing of any certification, blueprint, photograph, report and document in any public agency.
History —Aug. 30, 1991, No. 80, § 19.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5819 - Immunity; civil actions

Neither the Center’s Governing Board nor its individual members shall incur in economic liability for any action taken while performing their duties and powers, provided their actions have not been intentional or illegal, for their own benefit or knowing that they may cause damage.
The provisions of §§ 3077 et seq. of Title 32 related to the maximum amounts in actions for damages and in causes of action based in violations of civil rights, shall be applicable, as appropriate, to claims filed against the Center, its Governing Board, its individual members or in their personal capacity or against officials or employees of the Center.
History —Aug. 30, 1991, No. 80, § 20.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5820 - Penalties

Any person who violates the provisions of this chapter or the regulations approved by virtue thereof, except when the acts performed are punished by any other legal provision, shall incur a misdemeanor and upon conviction thereof, shall be punished with a fine not greater than five hundred dollars ($500), or with imprisonment for a term not greater than six (6) months, or both, at the discretion of the court.
History —Aug. 30, 1991, No. 80, § 21.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5821 - Special loan to pay certain debts

The Center is hereby empowered to arrange for and obtain a special loan from the Government Development Bank for Puerto Rico or any other financial institution selected by it, in the form of a line of credit up to the sum of two hundred million dollars ($200,000,000) to attend to the following indebtedness:
(a) The debt accrued by the municipalities up to June 30, 1999, and that accrued up to June 30 of the year 2000, for excess remittances received by said municipalities, according to the final liquidations prepared by the Center, audited and certified by the independent auditors of said body, and
(b) to provide for the increment of forty-eight hundredths of a percent (0.48%) that results from the net increase in the subsidy of the General Fund to the municipalities, as provided § 5815 of this title, shall be assigned for the payment of principal and interest of said loan by those municipalities that participate in the financing until it is fully paid up; Provided, That those municipalities that do not participate [in] said loan shall benefit from the increase in the subsidy as provided in the § 5815 of this title.
History —Jan. 26, 2000, No. 42, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5822 - Presentation to the Board

The sum that is finally determined to be financed shall be presented by the Executive Director of the Center for the consideration and approval of its Board of Directors. As part of said presentation, pertinent information shall be included with regard to the proportion of the total loan that corresponds to each municipality affected as recipients of excessive remittances, as provided in § 5821 of this title.
History —Jan. 26, 2000, No. 42, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5823 - Loan participation by municipalities; requirements

The information obtained as provided in § 5822 of this title, shall be [reported] to the mayor of each municipality that is eligible to participate [in] the loan, by the Executive Director of the Center, during the first ten (10) working days following the date of approval of the loan by the Board of Directors of the Center. The mayor and the municipal legislature of each eligible municipality shall have fifteen (15) working days from the date the notice issued by the Executive Director of the Center is received, to accept and approve their participation in the financing authorized by §§ 5821–5831 of this title, through a resolution of said legislature. Once the financing is approved, the mayor shall sign the documents needed to execute the financing pursuant to the terms and conditions authorized by §§ 5821–5831 of this title. In those cases that the mayor and the municipal legislature do not agree to participate in the loan, their debt with the Center shall be declared due and payable, whereby the municipality shall be bound to honor its immediate payment. In these cases, the municipality shall be bound to submit the corresponding adjustment to the Commissioner of Municipal Affairs (the Commissioner) so that the Commissioner may issue the pertinent certificate regarding the propriety and the accuracy of said adjustment.
History —Jan. 26, 2000, No. 42, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5824 - Loan contact

Once the requirements established in §§ 5821 and 5822 of this title have been seen to, the Board of Directors of the Center through its Executive Director, is empowered to negotiate and enter into a loan contract with the President of the Government Development Bank or the financial institution selected by the Center, under the following clauses and general conditions:
(a) The term of the loan shall not exceed ten (10) years; Provided, That said term may be granted for a lesser term if the fiscal status of the municipalities allows it, or in those cases in which the eligible municipalities that have sufficient capacity to pay, do so request it.
(b) Payments of principal and interest to amortize the loan until its final settlement, shall be on account of the municipalities thus affected that have agreed to avail themselves of the loan provided in §§ 5821–5831 of this title. Said payments shall be in proportion to the amount of the loan that corresponds to each municipality.
(c) In the evaluation of the application for the loan made by the Government Development Bank or the financial institution selected by the Center, the fiscal and financial criteria of each municipality shall be taken into account, so that the periodic payments of principal and interest do not constitute an unreasonable lien on the municipalities thus affected; Provided, That the payments of principal and interest to be granted under the conditions of §§ 5821–5831 of this title, shall not be taken into account in calculating the maximum five percent (5%) debt service established in subsection (c) of Section 16 of Act No. 64 of July 3, 1996, as amended, known as the “Puerto Rico Municipal Financing Act”.
(d) The interest rate earned by the loan shall be equal to the prevailing interest rate in the financial market for this type of financing.
(e) The Center shall determine, in coordination with the Government Development Bank or the financial institution chosen by the Center, which legal documents are needed to execute the loan.
(f) The debenture to be subscribed shall be executed between the Executive Director of the Center and the President of the Government Development Bank or the financial institution chosen by the Center, with those attachments whose execution may be needed to evince the financed, accepted and approved debt by each municipality.
History —Jan. 26, 2000, No. 42, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5825 - Legal obligation

The debt assumed by the Center pursuant to what is stated above shall constitute a legal obligation of said body with the Government Development Bank or the financial institution chosen by the Center in representation of the municipalities, and shall be secured by the payment flow convened with the corresponding municipalities. This shall be stated in the financing documents executed for the granting of the loan.
History —Jan. 26, 2000, No. 42, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5826 - Usages of the money

The Center shall use the moneys yielded by the financing as follows: to bring the payment of its statutory and fiduciary obligations up to date, including any unpaid and overdue debts with the Commonwealth Debt Redemption Fund; any unpaid and overdue debts with the Municipal Debt Redemption Fund in custody of the Government Development Bank; obligations to municipalities pending payment on account of the underestimation of revenues; and interest owed to municipalities on account of the investment of available funds in the Municipal Debt Redemption Fund in custody of the Government Development Bank.
History —Jan. 26, 2000, No. 42, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5827 - Deduction from the monthly remittances

The Executive Director of the Center is hereby empowered to deduct from the monthly remittances an amount to the corresponding municipalities, equal to the payment of principal and interest of the debt authorized by §§ 5821–5831 of this title and remit it to the Government Development Bank or the financial institution chosen by the Center.
History —Jan. 26, 2000, No. 42, § 7.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5828 - Quarterly reviews

In order to prevent the future recurrence of excessive remittances, which could result in further indebtedness in detriment of the liquidity of the Center and of the fiscal status of the municipalities, it is hereby established that the annual revenue estimates drafted by the Center and reported by the Center to the municipalities, shall not exceed five percent (5%) of the revenues reported in the last liquidation available. The Executive Director of the Center is hereby required to conduct quarterly reviews of estimated revenues and report the results of such reviews to the municipalities and the Board of Directors. The adjustments recommended by the Executive Director as a result of such periodic reviews shall not exceed three percent (3%) of the estimated revenues. Likewise, the adjustments recommended by the Executive Director as a result of analyses reflecting a reduction inasmuch as the five percent (5%) projection is not reached, shall be [reported] to the corresponding municipality, which shall be bound to perform the budget adjustment within the same corresponding fiscal period. The Board of Directors reserves the right to require the Executive Director of the Center to furnish those reports the Board deems are necessary to maintain an adequate control over a flow of remittances to municipalities that is consonant with the actual amounts collected by the Center in benefit of the municipalities.
History —Jan. 26, 2000, No. 42, § 8.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5829 - Annual reports

The Executive Director of the Center shall remit a detailed report on the use of the funds generated by the loan authorized by §§ 5821–5831 of this title, to the Committees on Municipal Affairs of the House and the Senate of Puerto Rico no later than the 1st of January following the close of Fiscal Year 2000-2001 and subsequent fiscal years, until the use of the funds provided by said loan is completed.
History —Jan. 26, 2000, No. 42, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5830 - Withholdings—Limitations

In order to guarantee to the municipalities that they will receive the funds that are rightfully theirs, any withholdings on remittances made by the Center shall be limited to those items authorized by law or corresponding to statutory or fiduciary obligations. Withholdings on any other items shall require the endorsement of the mayors and the municipal legislatures.
History —Jan. 26, 2000, No. 42, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 7 - Municipal Property Tax (§§ 5001 — 6756) › PART II (§§ 5801 — 5851-5854) › Chapter 253 - Municipal Revenues Collection Center (§§ 5801 — 5851-5854) › § 5831 - Regulation

The Office of the Commissioner of Municipal Affairs (the Commissioner) shall promulgate the norms, guidelines or regulations needed for the municipalities to account for the transactions authorized by this §§ 5821–5831 of this title, the drafting of budgets and the submitting of the financial statements of the municipalities.
History —Jan. 26, 2000, No. 42, § 11.