P.R. Laws tit. 13, § 33062
(a) If the Court of Appeals determines that no deficiency exists and determines, further, that the taxpayer has made a payment in excess of taxes regarding the taxable year in connection with which the deficiency was determined by the Secretary, or if the court should determine that a deficiency exists, but that the taxpayer has made a payment in excess of taxes regarding such taxable year, the Court of Appeals shall be empowered to determine the amount of such payment in excess, and such amount shall be, when the decision of the Court of Appeals becomes binding, credited or refunded to the taxpayer. No such credit or refund shall be made regarding any portion of taxes unless the Court of Appeals determines in its decision:
(1) That such portion was paid:
(A) Within three (3) years before the date on which the claim is filed, of the mailing of the notice concerning the deficiency, or the execution of an agreement between the Secretary and the taxpayer pursuant to § 33006 of this title to extend beyond the term established in § 33005 of this title the term within which the Secretary may assess taxes, whichever is earlier; or
(B) within four (4) years before the date on which the claim is filed, of the mailing of the notice concerning the deficiency, or the execution of an agreement, whichever is earlier, if the claim was filed, the notice concerning the deficiency was mailed, or the agreement was executed, within four (4) years counting from the date on which the taxpayer filed the tax return; or
(C) after executing such agreement and before the expiration of the term within which the Secretary may make an assessment pursuant to such agreement or to any extension to such term, or
(D) after mailing the notice concerning the deficiency; or
(2) If such portion was not paid within the term described in paragraph (1), but the notice concerning the deficiency was mailed within a term of seven (7) years counting from the date prescribed for filing the tax return, or a claim such as those specified § 33022(b)(7) of this title, that such portion does not exceed the amount of payment in excess that may be attributed to the ability to deduct items described in § 33022(b)(7) of this title.
History —Jan. 31, 2011, No. 1, § 6025.02, retroactive to Jan. 1, 2011.