2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 2 - Taxation In General (§§ 161 — 393) › Chapter 42B - Act to Transfer the Right to Collect Tax Receivables of Puerto Rico of 2008 (§§ 354 — 354m) › § 354c - Collection of tax receivables

(a) The Secretary of the Treasury shall have the ministerial duty of collecting the tax receivables whose right to receive payments or any interest thereon has been sold or transferred under the provisions of § 354a of this title. The obligation of the Secretary of the Treasury to collect such tax receivables shall terminate when the same have been paid in full or when the same have prescribed pursuant to the applicable provisions of the Code.
(b) The Secretary of the Treasury may employ all the authorities and powers conferred upon him/her under the Code and the Government Accounting Act, §§ 283—283p of Title 3, including procedures for the demand for payment, attachment and sale of the taxpayer’s property for the collection of tax receivables whose right to receive payments on account thereof has been sold or transferred to an eligible person under the provisions of § 354a of this title.
(c) In cases in which the tax receivables whose right to receive payments on account thereof or any interest thereon have been a part of a sale or transfer under the provisions of this chapter, concur with tax receivables of the same taxpayer which have not been the subject of a sale or transfer agreement or transaction whatsoever, any collection by the Secretary of the Treasury by any means or procedure shall be applied, firstly, to the payment of tax receivables whose right to receive payments on account thereof or any interest thereon have been a part of a transaction under the provisions of this chapter.
(d) Any plan or amnesty directed to fostering the collection of tax receivables shall include tax receivables whose right to receive payments on account thereof or any interest thereon has been sold or transferred under the provisions of this chapter.
(e) Before approving any payment plan or payment offer for a sum less than that which is owed (including but not limited to any amnesty), except when agreed otherwise in the contract of sale or transfer, the Secretary shall obtain the express consent of the buyer or acquirer of the right to receive payments on account of such a tax receivable or any interest thereon.
(f) The Secretary of the Treasury and any eligible person who buys or acquires the right to receive payments on account of tax receivables or any interest thereon may, if necessary and as part of the contract of sale or transfer, agree to contracting services to support and assist in the collection of such tax receivables. In cases in which services are contracted to support and assist in the collection of such tax receivables, the provisions of §§ 353e, 353f, 353g, 353i and 353j of this title, shall be observed. The compensation to be paid to those persons or companies thus contracted shall be a reasonable amount, negotiated and determined by the Government Development Bank, taking into account that these shall be payable from public funds.
(g) In cases in which the sale or transfer of tax receivables to private or individual persons or entities does not entail the sale of the right to receive payments on account of or any interest on tax receivables, the Secretary of the Treasury shall have neither the power nor the obligation to collect such tax receivables which have been sold or transferred under the provisions of § 354a of this title.
History —July 20, 2008, No. 125, § 6.