P.R. Laws tit. 21, § 5217

2019-02-20 00:00:00+00
§ 5217. Bankruptcies and receiverships

(a) Immediate appraisal.— When any taxpayer is adjudicated as bankrupt in any bankruptcy procedure or when a trustee is appointed for any taxpayer in any judicial procedure, any personal property taxes pending payment (together with interest, penalties, additional amounts and additions to the tax provided by this chapter), as well as any deficiency established by the Collection Center regarding to the tax levied by this title on said taxpayer, will be appraised immediately if the deficiency had not been appraised until then pursuant to the law. In those cases the trustee shall notify the Collection Center of the adjudication of bankruptcy or of the receivership, and the term of prescription for the appraisal shall be suspended for the period comprising the date of adjudication of bankruptcy or from the beginning of the receivership for up to thirty (30) days after the trustee’s notice has been received by the Collection Center; but the suspension under this provision shall in no case whatsoever be for a period greater than two (2) years. The claims for the deficiency and for said interest, additional amounts or additions to the tax may be presented, to be decided pursuant to the law, to the court before which the bankruptcy or receivership procedure is pending, regardless of whether the procedures pertaining to any appraised deficiency are pending before the Court of First Instance.

(b) Unpaid claims; extension for payment and interest.— Any tax approved in a bankruptcy or receivership procedure that was not paid by the taxpayer may be collected through legal collection proceedings and attachment, within a period of five (5) years after the termination of said bankruptcy or receivership procedure. An extension for the payment of said taxes shall not exceed eighteen (18) months, and in exceptional cases shall be granted for an additional period that shall not exceed twelve (12) months. Were an extension to be granted, the Collection Center may require that the taxpayer post a bond for an amount no greater than double the amount of the deficiency with those guarantors deemed necessary by the Collection Center to secure payment of the deficiency according to the terms of the extension. No extension whatsoever shall be granted if the deficiency is due to negligence, to willful disregard for the rules and regulations or to fraud with the intent to evade taxes. Interest shall be collected at a rate of ten percent (10%) per annum on the amount of the extended tax. Were the amount of the extended tax not paid according to the terms of the extension, interest shall be collected on the unpaid amount at the rate of ten percent (10%) per annum as part of the tax for the period from the date fixed by the terms of the extension until the same is paid.

History —Aug. 30, 1991, No. 83, § 6.17.