P.R. Laws tit. 13, § 33418
(a) General rule.— Except as otherwise provided in this chapter, no adjustment to any partnership item may be made (and no levy or proceeding in any court for the collection of any amount resulting from such adjustment may be made, begun or prosecuted) before:
(1) The close of the ninetieth (90) day after the day on which a notice of a partnership adjustment was mailed to the partnership, and
(2) if a petition is filed under § 33419 of this title with respect to such notice, the decision of the court has become final and binding.
(b) Premature action may be enjoined.— Any action which violates subsection (a) may be enjoined in the Court of First Instance. The Court of First Instance shall have no jurisdiction to enjoin any action under this subsection unless a timely petition has been filed under § 33419 of this title and then only in respect of the adjustments that are the subject of such petition.
(c) Exceptions to restrictions on adjustments.-
(1) Adjustments arising out of math or clerical errors.-
(A) In general.— If the partnership is notified that, on account of a mathematical or clerical error appearing on the partnership return, an adjustment to a partnership item is required, rules similar to the rules of clauses (1) and (2) of subsection (g) of § 33423 of this title shall apply to such adjustment.
(B) Special rule.— If a partnership is a partner in another partnership, any adjustment on account of such partnership’s failure to comply with the requirements of § 33415(a) of this title with respect to its interest in such other partnership shall be treated as an adjustment referred to in paragraph (A) of this clause, except that § 33423(g)(2) of this title shall not apply to such adjustment.
(2) Partnership may waive restrictions.— The partnership shall at any time (whether or not a notice of partnership adjustment has been issued) have the right, by a signed notice in writing filed with the Secretary, to waive the restrictions provided in subsection (a) on the making of any partnership adjustment.
(d) Limit where no proceeding begun.— If no proceeding under § 33419 of this title is begun with respect to any notice of a partnership adjustment during the ninetieth (90)-day period described in subsection (a) of this section, the amount for which the partnership is liable under § 33416 of this title (and any increase in any partner’s liability for tax under §§ 30041 et seq. of this title by reason of any adjustment under § 33416(a) of this title) shall not exceed the amount determined in accordance with such notice.
History —Jan. 31, 2011, No. 1, added as § 6100.05 on Dec. 10, 2011, No. 232, § 186.