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 1067 - Provisions Concerning Tax Return, Statement, or Refund Claim Specialists and Tax Representatives (§§ 33301 — 33314) › Subchapter A - Regulation of Provisions Concerning Tax Return, Statement, or Refund Claim Specialists (§§ 33301 — 33306) › § 33303 - Administrative sanctions for violations of or noncompliance with the provisions of this chapter

(a) Insufficiency as to taxpayer liability. —
(1) Any specialist shall be subject to the imposition of administrative sanctions in the manner established further, in any case in which it is determined that there is an insufficiency as to the liability of the taxpayer whose tax return, statement, or refund claim form he/she prepared, when such insufficiency is attributable to negligence, willful noncompliance with the provisions of this Code and its regulations, or the deliberate acts of the specialist.
(2) The insufficiency shall not be construed as attributable to willful noncompliance with the provisions of the Code and its regulations, or to deliberate acts of the specialist, when such insufficiency is the result of a position assumed in the tax return that is supported by a reasonable interpretation of the applicable laws.
(3) For purposes of this section, the term “insufficiency as to taxpayer’s liability” means any undervaluation of the net amount that the taxpayer should pay with regards to any taxes imposed by any part of this Code or any claim in excess of the net amount that should be credited or refunded in connection with such tax return or statement.
(4) When the insufficiency in the taxpayer’s liability can be attributed to negligence or to willful noncompliance by the specialist with the provisions of this Code or its regulations, the specialist shall be sanctioned with an administrative fine of two hundred fifty dollars ($250) for each tax return, statement, or refund claim. This amount shall not exceed twenty-five thousand dollars ($25,000) within a single calendar year.
(5) When the insufficiency in the taxpayer’s liability can be attributed to a deliberate act of the specialist, he/she shall be sanctioned with an administrative fine of one thousand dollars ($1,000) for each tax return or refund claim. This amount shall not exceed twenty-five thousand dollars ($25,000) within a single calendar year.
(b) Other violations. — All specialists shall be subject to the imposition of the administrative sanctions set forth below when guilty of the following omissions or acts:
(1) For failure to furnish a copy to the taxpayer of the tax return, statement, or refund claim form in the manner established under any part of this Code: fifty dollars ($50) for each omission, unless just cause is proven. The maximum penalty imposed on each person regarding documents completed during any calendar year shall not exceed twenty-five thousand dollars ($25,000).
(2) For failure to sign the tax return, statement, or refund claim form in the manner provided under this Code or its regulations: one hundred dollars ($100) for each omission, up to a maximum of twenty-five thousand dollars ($25,000) within a single calendar year, unless just cause is proven.
(3) For failure to keep a copy of the tax return, statement, or refund claim form or the taxpayer roster required under this Code: fifty dollars ($50) for each omission up to a maximum of twenty-five thousand dollars ($25,000) within a single calendar year, unless just cause is proven.
(4) For failure to render the statement on the specialists he/she hired or contracted during tax return season in the manner established under this chapter: fifty dollars ($50) for each statement not rendered for each tax return or statement season, and fifty dollars ($50) for each information item not included in the statement, up to a maximum of twenty-five thousand dollars ($25,000) in both cases, unless just cause is proven.
(5) Any person who is practicing as a specialist without having registered in the Register established under this chapter shall be punished with a fine of two hundred fifty dollars ($250) up to a maximum of ten thousand dollars ($10,000).
(c) The Secretary may decree the suspension of the validity of the registration in the Register established under this chapter when the specialist engages in an act that is prohibited under this section. He/she may likewise decree the revocation of such registration when the specialist is guilty of a subsequent violation of the provisions of subsections (a) and (b) of this section. The regulations to be adopted by the Secretary shall establish the minimum guarantees of due process of law when suspending or revoking the validity of such registration.
History —Jan. 31, 2011, No. 1, § 6071.03, retroactive to Jan. 1, 2011.