2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 17 - Internal Revenue Code of 2011 (§§ 30001 — 33423) › PART III - Decedent’s Estate and Gifts (§§ 31001 — 31176) › Chapter 1025 - Tax Returns, Payment of Taxes, Procedure and Administration (§§ 31121 — 31176) › Subchapter A - Tax Returns and Payment of Taxes (§§ 31121 — 31131) › § 31121 - Final gross decedent’s estate tax return

(a) Final tax return to be filed by the executor. — All executors shall file with the Secretary, within a term of nine (9) months immediately after the time of death of the decedent, a final tax return, under oath, observing such requirements as the Secretary may provide by regulation, circular letter, informational bulletin or administrative determination of a general nature, which determines the decedent’s estate tax imposed by this part. Except in cases in which the executor has failed to include all the information or documents required, the Secretary shall have a term not greater than thirty (30) days, counted from the date of having filed the return, to issue an opinion in connection with those properties located in Puerto Rico which have been included in the final decedent’s estate tax return. In those cases in which the Secretary does not issue an opinion within the term established herein, the executor may request a decedent’s estate tax return certification. Such certification shall state that the term established herein has elapsed, that the certification replaces the release, and that such certification constitutes a legitimate and official document before administrative agencies, including the Property Registry and the Courts of Justice, to continue conducting the transactions relative to the disposal of such properties located in Puerto Rico which have been included in said final tax return.
(b) Tax return to be filed by beneficiary. — If the executor is unable to file a final tax return that is complete in terms of any portion of the gross estate of the decedent, but is aware of its existence, he/she shall include in the final tax return that he/she files a description of such portion and, if known to him/her, the names of each and every person with any kind of share therein. Within thirty (30) days after receiving notice from the Secretary, the person with an interest in the property shall file a final tax return that includes that portion of the gross decedent’s estate that had not been included in the final tax return filed by the executor.
(c) The Secretary may require, by regulation, circular letter, informational bulletin or administrative determination of a general nature, for the tax return required under this section to be filed using electronic media.
(d) If after having filed a decedent’s estate tax return, subject to the provisions of subsection (a) of this section, the same were to be amended to include additional property whose value exceeds twenty-five percent (25%) of the total value of the gross decedent’s estate originally reported, such amended tax return shall entail payment of additional fees equal to ten percent (10%) of the difference between the amount of the estate as reflected in the original tax return and the amount as reflected in the amended tax return.
(1) The Secretary shall have discretion to exonerate any person in whole or in part from payment of such additional fees in those cases in which just cause for the amendment is shown. The Secretary is hereby authorized to establish by regulation, circular letter, informational bulletin, or administrative determination of a general nature, the circumstances and requirements to request the exoneration provided in this clause.
History —Jan. 31, 2011, No. 1, § 2051.01, retroactive to Jan. 1, 2011.