Learn about the consequences of filing your tax returns late
In this section, we will analyze how late submissions are handled, in this case with a negative result, and the corresponding penalty, in different scenarios.
Declarations with a negative or zero result
Penalties for failing to submit self-assessments or declarations on time without causing economic harm
As we saw in the first part, penalties and surcharges are calculated by applying a percentage to the tax due. Therefore, they can only be applied to late tax returns with a tax liability. So, what happens to returns with negative or zero results that are filed late?
The late filing of tax returns with negative or zero results, since they do not cause economic harm to the Tax Administration, are considered minor tax offenses, and the penalty will consist of a fine of 200 euros. In the case of informational returns, the penalty will be 20 euros for each piece of data or set of data relating to the same person or entity that should have been included in the return, with a minimum of 300 and a maximum of 20,000 euros.
Similarly, if we submit negative, zero, or informational returns before receiving a request from the Tax Administration, the penalty and the minimum and maximum limits will be reduced by half. That is, negative or zero returns will be penalized with €100, and electronically submitted returns will be penalized with €10 per data point or set of data, with limits between €150 and €10,000.
Furthermore, the penalty may be reduced by 25% if the full amount is paid within the voluntary period, and if no appeal or claim is filed against the penalty.
Conclusions
To minimize the consequences of filing a tax return late, we recommend anticipating the Tax Agency's actions and filing and paying the tax before receiving the notification issued by the Tax Administration. This way, you will not only pay a lower surcharge or penalty but also avoid the penalty altogether in the case of self-assessments with a payment due.
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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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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