(a) General rule. — Anytime a person required, pursuant to any part of this Code, to collect, withhold, deposit, account for, and remit payment of any taxes or levies established by any part of this Code:
(1) Does not collect, pay, withhold, deposit, account for, and remit payment of such taxes or levies within the timeframe, in the manner, and under the terms established by any part of this Code, and
(2) is hand delivered a notice concerning such violation, such person shall be under the obligation of meeting the requirements of subsection (b) of this section. In the case of corporations, partnerships, or trusts, a notice delivered personally to an official, partner, or trustee shall be, for purposes of this section, deemed to have been hand delivered to such corporation, partnership, or trust and to all officials, partners, trustees, and employees thereof.
(b) Requirement to keep separate accounts. — Any person required to collect, account for, and remit payment of any taxes or levies established by any part of this Code, who has been given notice pursuant to subsection (a) of this section, shall collect such taxes or levies established by any part of this Code as they become payable after delivery of such notice, deposit (not later than the second banking day following the collection of any amount related to such taxes or levies) such amounts in a separate bank account, and keep the amounts related to such taxes in said account until payment is made to the Secretary. Any amount in said account shall be deemed to be appropriated to a special trust fund in favor of the Government of Puerto Rico, payable to the Secretary by such person as trustee.
(c) Cancellation of requirement to keep separate accounts. — The Secretary may cancel the requirement to keep separate accounts, as provided by this section, upon meeting, to the satisfaction of the Secretary, all requirements of the law and the regulations of the Code regarding taxes or levies established by any part of this Code. Such cancellation shall take effect on the date specified in the notice.
History —Jan. 31, 2011, No. 1, § 6080.03, retroactive to Jan. 1, 2011.