P.R. Laws tit. 21, § 5926

2019-02-20 00:00:00+00
§ 5926. Notices prior to the sale

(a) No transferable delinquent tax debt shall be sold unless the Center has given notice of its intention to sell it in a newspaper of general circulation in Puerto Rico, at least sixty (60) days prior to the date set for the sale, and, if the Center choses to accept private bids or negotiation offers, at least fifteen (15) days prior to the date scheduled by the Center to present private bids or negotiation offers, as the case may be. Said notice shall identify the debtor taxpayers in general terms and the properties subject to the transferable delinquent tax debts that are to be sold, and shall report that the list of properties subject to said transferable delinquent tax debts shall be available at the offices of the Center for public inspection.

(1) In the event that the sale is to be conducted at public auction, the notice shall specifically indicate the terms and conditions for the sale and the criteria to be met by any person interested in bidding. The Center may turn down one, several or all bidders.

(2) If the sale is to be conducted through private negotiation, the notice shall indicate the documents and information the potential purchasers must present with their purchase offer. In the event that the Center has already identified a potential purchaser, the notice shall indicate it.

(b) In addition to the provisions of subsection (a) of this section, the Center shall not sell any transferable tax debt in default whatsoever without notifying its intention of selling said transferable tax debt in default to the indebted taxpayer and to the owner of the property subject to the transferable tax debt in default, should it be another person, by means of a certified letter addressed to his/her last known address. Said notice shall be sent not less than thirty (30) days prior to the date scheduled for the sale and shall include:

(1) An identification of the real property subject to the fiscal lien, if applicable;

(2) the amount of the transferable tax debts in default, including a breakdown of the total amount of the tax, interest, surcharges and penalties and the fiscal years to which they correspond;

(3) a warning that if the transferable tax debts in default are not paid within a term of thirty (30) days as of the date said notice was sent, their sale shall proceed, and

(4) a warning that the purchaser of the transferable tax debt in default shall be entitled to collect said debt, together with the surcharge corresponding to the costs of the transaction referred to in subsection (f) of § 5923 of this title, interest levied by subsection (c) of § 5933 of this title, as well as any other applicable fees, if the collection has to be conducted by means of the procedures established in §§ 5921–5944 of this title.

If the transferable tax debts in default have not been paid by the date of the sale, the Center may sell said debts pursuant to the provisions of this chapter.

History —June 26, 1997, No. 21, § 8; June 30, 1998, No. 105, § 5.