Esta ley enmienda la Ley Notarial de Puerto Rico para requerir a los notarios que remitan al Centro de Recaudación de Ingresos Municipales (CRIM) una copia de la Declaración Informativa sobre Segregación, Agrupación o Traslado de Bienes Inmuebles. También establece la responsabilidad del notario de proveer al comprador de una propiedad residencial para uso como residencia principal el formulario de solicitud de exención contributiva y remitirlo al CRIM.
(Approved September 4, 2004)
To amend Section 11 of Act No. 75 of July 2, 1987, as amended, known as the "Notarial Act of Puerto Rico," to include the responsibility of remitting to the Municipal Revenue Collections Center a copy of the Informative Return on Segregation, Merging, or Transfer of Real Estate.
Through Act No. 80 of August 30, 1991, as amended, known as the "Municipal Revenue and Collection Centers Act (CRIM, Spanish Acronym)," this municipal entity received all the powers, functions, and responsibilities conferred by law or regulations to the Department of the Treasury as to appraisals, notice of imposition, determination, and collection of property taxes. Also, it provided that, among the general faculties and duties of the CRIM, it should up-date and maintain updated the real property cadastre of each Municipality.
The process of approval of the different laws which comprise the Municipal Reform did not include the amendment of Act No. 75 of July 2, 1987, as amended, to require that the Informative Return on Segregation, Merging, or Transfer of Real Estate, which notaries are bound to submit to the Department of the Treasury, also be remitted to the CRIM. In fact, Act
No. 75, supra, mentions the cadastre number notified by the Department of the Treasury, when, after the approval of the Municipal Reform, such responsibility falls upon the CRIM.
As part of the process of updating and maintaining updated the cadastre, the CRIM is developing a digital cadastre. One of the main sources to obtain the information needed to update and maintain updated the cadastre is that information included in the Informative Return on Segregation, Merging, or Transfer of Real Estate. Said return includes the changes in the real property, reason for which it is necessary for the CRIM to receive copy thereof.
On the other hand, the responsibility to remit a copy of said return to the Department of the Treasury remains in effect.
This measure is intended to correct and harmonize Act No. 75, supra, with having notaries remit to the CRIM a copy of the Informative Return on Segregation, Merging, or Transfer of Real Estate.
Likewise, it is hereby provided that it shall be the responsibility of the notary to offer the purchaser of any residential property to be used as primary residence, a copy of the tax exemption request form corresponding to the primary residence, and after it is duly executed, to remit it to the CRIM, to free the purchaser from this task, while keeping the offices of the CRIM from overcrowding.
Section 1.- Section 11 of Act No. 75 of July 2, 1987, as amended, is hereby amended to read as follows: "Section 11.- Duties of the Notary - Informative Return on Segregation, Merging, or Transfer of Real Estate and Tax Exemption Request.
In the execution of deeds of segregation, merger, or transfer of dominion, the transferor or the person who segregates, merges, or transfers shall be bound to execute and deposit in the office of the authorizing notary the Informative Return on the Segregation, Merging, or Transfer of Real Estate, at the time of the granting or not later than eight (8) days following such date.
Said return shall include the following information:
The property cadastre number shall be taken from the latest available tax notice or receipt issued by the Municipal Revenue Collection Center.
It is hereby provided that the Municipal Revenue Collection Center shall offer the cadastre number or code within seven (7) days of its request. If this is not possible, it shall issue a negative certificate stating the reasons for not being able to offer the requested number. This certificate shall be remitted to the Secretary of the Treasury and the Municipal Revenue Collection Center together with the informative return. 4. The real property registry's data, including folio, volume, farm number, and town. 5. Appraisal value. 6. Type of deed, if it applies. 7. Type of property, its location and address.
The return must be signed by the seller or the person who segregates, or merges, who shall certify the veracity of the information furnished with his/her signature and responsibility.
In the case of the transfer of a residential real property in which the purchaser intends to request the tax exemption corresponding to the primary residence, the notary shall furnish him/her, the corresponding form, and once duly completed, shall remit it to the Municipal Revenue Collection Center (CRIM.)
Notaries shall be bound to remit within the first ten (10) days of each month, to the Department of the Treasury and the Municipal Revenue Collection Center, the returns corresponding to the deeds executed before them during the previous month, as well as the tax exemption requests on primary residences."
Section 2.- Effectiveness This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 250 (S.B. 2725) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 11 of Act No. 75 of July 2, 1987, as amended, known as the "Notarial Act of Puerto Rico," to include the responsibility of remitting to the Municipal Revenue Collections Center a copy of the Informative Return on Segregation, Merging, or Transfer of Real Estate, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $30^{ ext {th }}$ of August of 2005.
Francisco J. Domenech Director