CALCULATION OF PENALTIES FOR LATE SUBMISSION OF TAX STATEMENTS

 

Since 07.11.2021 and according to Law 11/2021, of 09.07.2021, a new system of surcharges for late submission of tax statements to the Spanish Tax Office is in force. The system can only be applied if the taxpayer has not been requested by the Spanish Tax Administration to comply with tax obligations.

The system consists of:

1. the application of an initial surcharge of 1% on the amount to be paid resulting from the liquidation, plus
2. an additional 1% for each full month of delay, up to the lapse of 12 months from the deadline of voluntary submission of the correspondent tax statement.

Within these first 12 months, late payment interest is not paid.

Once 12 months have elapsed from the deadline of voluntary submission period, a surcharge of 15% plus default interest will be applied. Namely:

• Less than 1 month late………surcharge of 1%

• 1 month late..…………..surcharge of 2%

• 2 months late…………...surcharge of 3%

• 3 months late…………… 4%

• 4 months late…………… 5%

• 5 months late…………… 6%

• 6 months late…………… 7%

• 7 months late…………… 8%

• 9 months late…………… 10%

• 10 months late………….. 11%

• 11 months late…………...12%

• 12 months late…………...15% + default interest

This changes the surcharge calculation system that existed until 07.11.2021, which consisted of a percentage of 5%, 10%, 15% or 20% on the amount to be paid resulting from the liquidation, depending on whether the statement was:

• less than 3 months late

• more than 3 and less than 6 months late

• more than 6 and less than 12 months late or

• more than 12 months late

A transitory regime is also established, according to which the new system of surcharges will also be applicable to surcharges prior to 07.11.2021, provided that there is no final resolution.

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