P.R. Laws tit. 13, § 30282

2019-02-20 00:00:00+00
§ 30282. Close of taxable year by Secretary

(a) Tax in jeopardy. —

(1) Departure of taxpayer or removal of property from Puerto Rico. — If the Secretary determines that a taxpayer intends to depart suddenly from Puerto Rico or to remove his/her property therefrom, or to conceal him/herself or his/her property therein, or to do any other act tending to prejudice or render wholly or partly ineffective the proceedings to collect the tax for the then last past taxable year or the then current taxable year unless such proceedings are brought without delay, the Secretary shall declare the taxable period for such taxpayer immediately terminated and shall serve notice of such finding and declaration to the taxpayer, together with a demand for immediate payment of the tax for the taxable period so declared terminated and of the tax for the preceding taxable year or so much of such tax as is unpaid, whether or not the time otherwise allowed by law for filing the return and paying the tax has expired; and such tax shall thereupon become immediately due and payable. In any proceeding in court brought to enforce payment of taxes made due and payable by virtue of the provisions of this section, the finding of the Secretary made as herein provided, whether made after notice to the taxpayer or not, shall be for all purposes prima facie evidence of the taxpayer’s intentions.

(2) Corporation in liquidation. — If the Secretary finds that the collection of the tax of a corporation or a partnership for the current or immediately preceding taxable year will be jeopardized by the distribution of all or a portion of the assets of such corporation or partnership in the liquidation of the whole or any part of its capital stock, the Secretary shall declare the taxable period for such taxpayer immediately terminated and shall serve notice of such finding and declaration to the taxpayer, together with a demand for immediate payment of the tax for the taxable period so declared terminated and of the tax for the last preceding taxable year, or so much of such tax as is unpaid, whether or not the time otherwise allowed by this part for filing the return and paying the tax has expired; and such taxes shall thereupon become immediately due and payable.

(b) Security for payment. — A taxpayer who has not failed to file any return or pay income tax under any law of the Legislative Assembly of Puerto Rico may provide to the Government of Puerto Rico, under regulations to be prescribed by the Secretary, security approved by the Secretary that he/she shall duly make the return next thereafter required to be filed and pay the tax next thereafter required to be paid. The Secretary may approve and accept in like manner security for return and payment of taxes declared due and payable by virtue of the provisions of this section, provided the taxpayer has paid in full all other income taxes owed by him/her.

(c) Effect of security. — If security is approved and accepted pursuant to the provisions of this section and such further or other security with respect to the tax or taxes covered thereby is provided, as the Secretary shall from time to time find necessary and require, payment of such taxes shall not be enforced by any proceedings under the provisions of this section prior to the expiration of the time otherwise allowed for paying such respective taxes.

(d) Departure of alien or nonresident. — No alien shall leave Puerto Rico unless he/she first procures from the Secretary a certificate of compliance with all the obligations imposed upon him/her by the income tax laws.

(e) Addition to tax. — For additions to the tax for violating or attempting to violate the provisions of this section, see §§ 33001 et seq. of this title.

History —Jan. 31, 2011, No. 1, § 1062.12, retroactive to Jan. 1, 2011.