P.R. Laws tit. 13, § 33118

2019-02-20 00:00:00+00
§ 33118. Penalty for failure to file certain statements as provided in § 30271 of this title

(a) Penalties for fraudulent statements or for failure to furnish statements. — In lieu of any penalty provided under this part, any person that, pursuant to the provisions of § 30271(n) of this title, is required to furnish a statement and who willingly fails to furnish such statement in such manner, within such term, and including any such information as required under said subsection (n) or the regulations promulgated thereunder, shall be guilty of a misdemeanor for each violation.

(b) Penalties related to withholding exemption certificates. — In lieu of any penalty otherwise established, except for the penalty provided in subsection (c) of this section, any individual required to furnish information pursuant to § 30271(f) of this title of this Code who willingly furnishes false or misleading information, or who willingly fails to furnish information under such subsection (f), which would require a raise in the taxes to be withheld pursuant to subsections (b) or (d) of § 30271 of this title, shall be guilty of a misdemeanor.

(c) As for employees who, in determining the concession for withholding based on deductions, choose the option provided under § 30271(c)(2)(A)(ii) of this title, in addition to the criminal penalty established in subsection (b), if seventy percent (70%) of the taxes attributable to income originating from salaries subject to withholding, as defined in § 30271(a) of this title, exceeds the taxes withheld at the source on such income, there shall be added to such taxes an amount equal to such excess, or equal to eighteen percent (18%) of the amount for which the taxes so determined exceeds withheld taxes, whichever is less. For purposes of this subsection, “taxes attributable to income originating from salaries subject to withholding” shall be a proportional part of the total taxes imposed by §§ 30041 et seq. of this title on the individual for the taxable year, based on the same proportion that his/her adjusted gross income on account of salaries bears with his/her total adjusted gross income.

History —Jan. 31, 2011, No. 1, § 6041.08, retroactive to Jan. 1, 2011.