With the entry into force, on July 10, 2021, of Law 11/2021, on measures against tax fraud, the regulation of surcharges for late submission without prior request of the Tax Authorities and reductions in penalties was modified. If a situation arises that gives rise to a regularization, it is important to be clear about the new surcharges and the reductions to the applicable penalties, for this reason, we are going to describe in detail the changes that have occurred.
Surcharges
If previously it was established that the surcharge would be 5%, 10%, 15% or 20% depending on whether the regularization was carried out within 3, 6, 12 or more months from the end of the voluntary period, respectively, now it is set that the surcharge will be of a percentage equal to 1 per cent plus another additional 1 per cent for each full month of delay. Therefore, if we submit a declaration one day late, the surcharge will be 1% and not 5% as before. It is maintained that moratory interest is accrued after 12 months.
The Administration intends to encourage the taxpayer himself to regularize his tax situation without the need to require it by the Tax Authorities. In summary, the surcharges vary as follows:
| REGULARIZATION | BEFORE | NOW |
| < 1 month | 5% | 1% |
| 1 < X < 2 months | 5% | 2% |
| 2 < X < 3 months | 5% | 3% |
| 3 < X < 4 months | 10% | 4% |
| 4 < X < 5 months | 10% | 5% |
| 5 < X < 6 months | 10% | 6% |
| 6 < X < 7 months | 15% | 7% |
| 7 < X < 8 months | 15% | 8% |
| 8 < X < 9 months | 15% | 9% |
| 9 < X < 10 months | 15% | 10% |
| 10 < X < 11 months | 15% | 11% |
| 11 < X < 12 months | 15% | 12% |
| X > 12 months | 20 % + i | 15 % + i |
* i = moratory interest
In addition to it, it is established that surcharges will not be required for late submissions without the prior requirement of the Tax Authorities when the taxpayer regularizes his tax situation in accordance with the criteria of the Administration in a prior administrative regularization, provided that the following requirements are met:
- The regularization of the taxpayer is carried out within a period of 6 months from the notification of the prior administrative liquidation.
- The amounts resulting from the prior administrative settlement have been paid.
- No request for rectification is filed and no appeal or claim is filed against prior administrative liquidation.
- The prior administrative liquidation does not entail a sanction.
So, for example, if the Administration has regularized your 2018 personal income tax return for the returns on real estate capital for having deducted rental expenses for an amount greater than the allowed amount, if you apply this same administrative criterion for your subsequent personal income tax returns already submitted without prior requirement, there will be no surcharge.
Sanctions
With the same purpose of encouraging the taxpayer himself to regularize his tax situation, some of the reductions applicable to penalties are also increased, which are as follows:
- Reduction for compliance with regularization: it remains at 30%.
- Reduction for income in the voluntary period: it increases from 25% to 40%.
- Reduction for records with the agreement: it increases from 50% to 65%.
If you have any questions regarding this topic, please contact our tax advisors in Barcelona by phone or email.
