What happens if I do not file the Personal Income Tax statement: all penalties

Submitting the PIT return is a real headache for many people who do not have time or do not know how to do it. But you should know that these excuses do no work for the Tax Agency and, if you do not fulfil with the obligation to present within the stipulated period, you are exposed to penalties that can be quite expensive.

In this article we will explain what happens if you do not submit the declaration on time, whether if its result is to pay or return. But first make sure if you are obliged to present it or not.

How to know if you are obliged to present the PIT statement?

Individuals resident in Spain are not required to declare their income in the following cases:

  • If their income from work does not exceed the 22.000 Euros per year.
  • If the returns on movable capital and capital gains do not exceed 1.600 Euros per year.
  • If real estate income, treasury income and subsidies for the purchase of official protection flats do not exceed 1.000 Euros per year.

Within these three points there are still more exceptions (as if the income from work comes from a single payer or more, for example). To know them all in detail we encourage you to read our article about who is not obliged to fulfil the income statement.

In addition, did you know that some Non-residents in Spain also have to make the income statement?

Submitting the statement late with result to be paid

This scenario is quite dangerous, since the Tax Agency does not like that you do not pay on time. However, your good faith can still be useful, so if you are the one who comes to present the declaration before the Tax Agency requests it, the consequences will be less. Specifically, the surcharges will be:

  • If you pay in the following 3 months after the end of the established period, the surcharge is 5% of the amount to be paid.
  • If you pay between 3 and 6 months after finishing the deadline, the surcharge is 10%.
  • If you pay between 6 and 12 months later, the surcharge is 15%.
  • And if you pay more than 12 months late, the surcharge is 20% plus interest on late payment.

On the other hand, if the Tax Agency detects that you have not paid on time and is forced to ask for your income tax return, the penalties will be between 50% and 150% of the amount to be paid plus interest for late payment.

Submitting the return out of date with result to return

In this situation, the harmed one is you, since you stop receiving money that the Tax Agency has to give back to you. However, this does not mean that you are free of a penalty.

In the case of submitting an IRPF declaration out of time with result to return, the fine is 200 Euros, although you can stay at 75 Euros if you show agreement with the sanction and pay it within a certain period.

If the Treasury is the one who claims your income tax return, you will have to pay the full costs of the sanction, although without further surcharges, since there is no amount to pay.

Whether you are within the period to present the rent or if you have already exhausted the deadline and want to pay as little as possible, at GM Tax we make it easy for you. We make the statement for you quickly, closely and professionally. Get in touch with us and we’ll explain you how.

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