Learn about the consequences of filing your tax returns late

If you've forgotten or missed the deadline for filing a tax return, you should know that the Tax Administration considers this a tax offense that will be subject to surcharges, interest, and/or penalties. The tax penalty will undoubtedly vary considerably depending on how long you take to file the return and whether the late filing is done without or after prior notification from the Tax Administration.

Therefore, in this first part, we will analyze the possible cases of late filings with a positive result (to be paid) so that you know how to lessen the consequences of filing a tax late and save money on surcharges, interest and penalties.

Declarations with a result to be entered

How and when to file a late tax return?

Late tax returns can be filed using the same procedure as on-time returns: in person at bank branches for individuals, or electronically after obtaining the NRC code for legal entities. Only the direct debit option is not available for late filings.

It is highly advisable to submit the form as soon as possible because the surcharges increase the longer the filing period. Furthermore, to avoid penalties, it is essential to file the return before receiving notification from the Tax Agency.

Surcharges for late filing without prior notice

If we voluntarily submit the declaration or self-assessment late without the Tax Administration having previously requested payment, they cannot demand penalties, but we will have to pay a surcharge for the delay in paying the debt.

The surcharge will be calculated on the amount payable resulting from the self-assessment, and the percentage of the surcharge will depend on the time taken to file and pay the declaration once the voluntary deadline for filing the tax has ended:

• If we pay the debt within the next 3 months, the surcharge will be 5%
• If the debt is paid between 3 and 6 months, the surcharge will increase to 10%
• If the debt is paid between 6 and 12 months, the surcharge will increase to 15%
• If we pay the debt after 12 months, the surcharge will be 20%. In this case, late payment interest will be charged for the period from the day after the 12-month period following the deadline for filing the tax return.

The amount of all these surcharges will be reduced by 25% provided that the total payment of the remaining amount of the surcharge is made within the period opened with the settlement of said surcharge.

Surcharges and penalties for late filing with prior notice

If we have not filed a tax return or self-assessment and the Tax Administration sends us a letter requiring its filing, in this case, late payment interest will be applied from the end of the voluntary filing period, and we will also be subject to a penalty.

The amount of the penalty will range from 50% to 150% depending on whether the infraction is considered minor, serious or very serious, and will be calculated on the amount not paid.

• 50% penalty. The tax offense will be considered minor when the penalty base is less than or equal to 3,000 euros, or if higher, there is no concealment.
• Penalty of 50 to 100%. The tax offense will be considered serious when the penalty base exceeds 3,000 euros and there is concealment, or when false invoices have been used, accounting books have been kept incorrectly, or withheld amounts or payments on account have not been paid, when such amounts do not exceed 50% of the penalty base.
• Penalty of 100% to 150%. The tax offense will be considered very serious when fraudulent means have been used, or when withheld amounts or payments on account passed on are not paid, when these amounts exceed 50% of the penalty base.

The penalties will be graduated according to whether there has been a repetition in the commission of the infraction and the economic damage to the Tax Agency.

Notwithstanding the above, the penalties will be reduced by 30% when no appeal is lodged against the settlement or the penalty (reduction for compliance), and will also be reduced by an additional 25% when the penalty is paid within the period indicated in the notification of the agreement to impose the penalty (reduction for payment in the voluntary period).

If you would like further information on how filing a tax return late will affect you, please contact us. At Àmbit Assessor, we are experts in national and international taxation and would be happy to assist you.

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Maribel Isart Llorente

Tax and accounting consultant at Àmbit Assessor

A graduate in Business Administration from the University of Barcelona, ​​she continued her education with a Postgraduate Diploma in Accounting and Management Control from Pompeu Fabra University, and completed various courses in tax and fiscal matters offered by the Terrassa Chamber of Commerce, the Barcelona Bar Association, and the Center for Financial Studies. Before joining Àmbit Assessor in 2001 as a tax and accounting consultant, she worked as an administrative assistant at Caixa Manresa and Banc Sabadell and as a tax information call center operator at the Spanish Tax Agency. For three years, she served as treasurer of the L'Alzinar Recreational and Cultural Society, a position she held concurrently with her work at Àmbit Assessor.

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