If an examining official or a court with jurisdiction were to determine that no debt or deficiency existed in the payment made by the taxpayer; that a taxpayer has made a payment in excess of the tax corresponding to the taxable year in which the Company determined the deficiency and/or that a deficiency exists but the taxpayer made a payment in excess of the tax corresponding to the taxable year, the examining official or the court shall have the power to determine the sum of the excess payment, which should be credited to the taxpayer when the court’s decision becomes final and firm. The credit will be denied unless the examining official or the court with jurisdiction expressly determines in their decision that the taxpayer filed an application for credit before the Puerto Rico Tourism Company:
(1) Within the term of four (4) years from the date in which the taxpayer presented a declaration along with the corresponding payment, or
(2) within the term of three (3) years from the date in which the tax was paid, if a declaration was not filed;
(3) in case the taxpayer presents a declaration prior to making a corresponding payment, said term of three (3) years shall begin on the date on which payment was made.
History —Sept. 9, 2003, No. 272, § 43, eff. 180 days after Sept. 9 2003.