Extra charges for extemporaneous tax returns in Spain without prior demand for payment by the tax office

Belasting in Spanje

Tax returns in Spain: “I’ve not filed the corporation tax return in Spain on time! What may the consequences be?” Or questions such as, “I have just made a return on property transfer tax in Spain and I have seen I made a flagrant mistake!” What can I do?” These are some of the consultations our clients daily make to the lawyers and tax advisers of our law firm in Marbella, Malaga.

 The consequences of not having filed a Spanish tax declaration within the due period of time or of having filed an complementary tax return in Spain where you have to settle  some additional tax, are regulated in article 27 of the Spanish General Tax Law under the title “Extra charges for extemporaneous tax returns without prior requirement of the tax office in Spain”.

1.- These extra charges mean additional payments that taxpayers need to pay as a consequence of having filed self-assessments or extemporaneous returns without prior demand for payment of the Spanish tax office.

2.- In case the self-assessments or returns are filed within three, six or twelve months following the period of time established to file or deposit the tax, the extra charge shall be five, ten or fifteen per cent respectively.

In short and as a summary, the extra charge are as follows:

Within 3 months following the legal dead-line:        5%

Within 6 months following the legal term:               10%

Within 12 months following the legal term:             15%

And after 12 months:                                                            20%

Apart from these aforesaid extra charges, you must take into account, although to a minor extent, the corresponding late-payment Spanish legal interest.

Do not hesitate to contact our Spanish law firm in Marbella for any kind of fiscal, accounting or legal inquiry now.

For additional information under the subject “Tax in Spain”, please see the post that have been published already.

María Teresa Arcos, lawyer in Spain.

Wim Lamers, Accountant (economist) in Spain.