The presentation of an untimely settlement will always be subject to sanctions and surcharges by the Tax Agency, depending on whether the result is to be deposited or returned:

  • The surcharges will entail an additional amount to pay that is calculated on the amount declared late, being therefore applicable to the results to be entered.
  • Penalties are a fixed amount that is required from the taxpayer depending on the infraction committed.

Surcharges for late tax returns submitted without a request from the Tax Agency:

  1. Tax returns and self-assessments submitted after the deadline without prior request from the Tax Agency will not be subject to penalties but will incur a surcharge on the result to be paid based on the time elapsed since the end of the voluntary deadline for filing the tax in question. The surcharge will be:
  • If the deposit occurs within three months following the end of the voluntary period: 5 percent of the result to be deposited.
  • If the income occurs within the period between three months and one day and six months from the end of the declaration period: 10% of the result to be paid.
  • If the deposit occurs within the period between six months and one day and twelve months from the end of the declaration period: 15 percent of the result to be deposited.
  • If the deposit occurs after the twelve months following the end of the declaration period: 20 percent of the result to be deposited and in addition late payment interest will be required for the time in excess of twelve months..

Penalties for late declarations submitted without a request from the Tax Agency with negative results or for informative declarations:

        Submission of a negative declaration after the deadline will be subject to sanctions since no surcharge can be applied.

        This penalty will consist of a fixed monetary fine of 200 euros. In the case of informative declarations, the penalty will be 20 euros for each piece of data or set of data referring to the same person or entity that should have been included in the declaration, with a minimum of 300 euros and a maximum of 20,000 euros.

        If the payment of the penalty is made voluntarily and without presentation of allegations, there is the possibility of benefiting from a 25 percent reduction of the penalty.

        If the declarations-settlements are presented without prior request from the Tax Agency, the penalties are reduced by half.

If you do not know how to proceed when you detect an error in your settlements with the Treasury, ask us and we will give you the best option when it comes to catching up on your taxes. Our tax experts will take care of everything.

 

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