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) › § 33005 - Limitations for assessment and collection

(a) General rule.—
(1) Except as provided for in §§ 33005 and 33331 of this title, the amount of taxes or levies set forth under any part of this Code shall be assessed within four (4) years after the date the tax return or declaration was filed, and no court proceedings without assessment for the collection of such taxes shall be initiated after the expiration of such term. If a taxpayer amends his/her tax return within a term of one hundred eighty-three (183) days before the expiration of the limitation for assessing taxes, the Secretary shall have two (2) years from the receipt of the amended tax return or declaration to assess additional taxes or levies.
(2) In the case of traders who are importers or manufacturers, the term “tax return” or “tax statement” refers to the tax return required in § 31628 of this title.
(b) Petition for prompt assessment.— As for income received during the lifetime of a decedent or by his/her estate during the administration period, or by a corporation, taxes as determined under §§ 30041 et seq. of this title shall be assessed, and any court proceedings without assessment for the collection of such taxes shall be filed within a term of eighteen (18) months after having filed a written request to such effect (filed after having filed the tax return or statement) by the executor, [administrator], or other trustee representing the estate of such decedent, or by the corporation, but not later than four (4) years from the date the tax return or statement was filed. This subsection shall not apply to corporations unless:
(1) In said written request, notice is given to the Secretary that the corporation intends to go into liquidation not later than the date of expiration of such eighteen (18)-month term; and
(2) the liquidation is started in good faith before the date of expiration of such eighteen (18)-month term, and
(3) the liquidation is completed.
(c) Omission in tax returns or statements.—
(1) As for income taxes imposed by §§ 30041 et seq. of this title, if the taxpayer omits from his/her gross income an amount properly includible therein which exceeds twenty-five percent (25%) of the amount of the gross income declared in the tax return, such taxes may be assessed, or court proceedings without assessment for the collection of such taxes may be filed at any time within six (6) years following the date the tax return was filed.
(2) As for excise taxes provided in §§ 31601 et seq. of this title, if the taxpayer omits the statement required in § 33630 of this title, and amount of the taxable price that is includible therein and which exceeds twenty-five percent (25%) of the full taxable price reported in such statement, such taxes may be assessed, or court proceedings without assessment for the collection of such taxes may be filed at any time within six (6) years following the date the tax statement was filed.
(3) As for the sales and use tax imposed by §§ 32001 et seq. of this title, if a merchant or taxpayer omits from gross sales or purchases an amount that is properly includible therein and which exceeds twenty-five percent (25%) of such sales or purchases, such taxes may be assessed, or court proceedings without assessment for the collection of such taxes may be filed at any time within six (6) years following the date the monthly sales and use tax return has been filed.
(d) Distributions in liquidation to stockholders.— For purposes of §§ 30041 et seq. of this title, if the taxpayer omits from his/her gross income an amount that is properly includible therein as an amount distributed during the liquidation of a corporation, such taxes may be assessed, or court proceedings without assessment for the collection of such taxes may be filed at any time within six (6) years following the date the tax return was filed.
(e) Tax returns filed before the due date.— For purposes of subsections (a), (b), (c), or (d), a tax return or statement filed before the due date established under the applicable part to file such tax return shall be deemed as filed on such due date.
(f) Tax returns or declarations filed after deadline in cases under investigation.— A tax return or declaration filed after the deadline to file the same established by the applicable part shall not be accepted if as of the filing date the taxpayer is under investigation for tax evasion.
(g) Tax returns or declarations filed after expiration of limitation.— The Secretary is hereby authorized to reject any amended returns that are filed after the expiration date of the limitation period. The Secretary shall prescribe by regulations, circular letter, information bulletin, or general administrative determination, the circumstances under which amended returns shall be accepted after the expiration of the limitation for assessment and collection. In such cases, the Secretary shall have four (4) years from the receipt of the amended return or declaration to assess additional taxes or levies.
History —Jan. 31, 2011, No. 1, § 6010.05, retroactive to Jan. 1, 2011; Dec. 10, 2011, No. 232, § 156.