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Practical manual for Income Tax 2022.

Example: calculation of late payment interest for improper deductions

Mr. RIT To purchase a newly built off-plan home, on November 28, 2012, he signed a private sales contract with the developer "ZZ" in which the following payment schedule was established: An initial payment of 9,000 euros on the date of signing the private contract and 3 annual payments of 6,000 euros, the last due on November 5, 2015, and the remaining 173,000 euros upon delivery of the property in October 2016 by means of a mortgage loan.

Notwithstanding the above, due to exceptional circumstances not attributable to the taxpayer, the works were halted and Mr. RIT proceeded  to request from the Tax Authority a four-year extension of the deadline for completion of the works. This extension was granted for three more years, which is why in 2016, 2017 and 2018 he did not pay any amount or make any deductions.

Once the works were completed in 2019, the public deed of sale was signed on October 14, 2019, and in November of that year, Mr. RIT moved in. However, for economic reasons, on February 1, 2022, he proceeded to rent it out, failing to comply with the requirement that said property constitute his residence for a continuous period of at least three years and, consequently, losing the right to the deductions made.

The amounts invested and the deductions made were:

Year

Amounts invested

Deductions made
2012 9,000 euros 1,350 euros (15%)
2013 6,000 euros 900 euros (15%)
2014 6,000 euros 900 euros (15%)
2015 6,000 euros 900 euros (15%)
2016 0 0
2017 0 0
2018 0 0
2019 9.040 euros 1,356 euros (15%)
2020 9.040 euros 1,356 euros (15%)
2021 9.040 euros 1,356 euros (15%)

By what amount should the state and regional net tax rate be increased for the 2022 declaration, if said declaration is submitted and paid on June 30, 2023 and, in relation to the declarations in which the deduction was applied, the one for the 2012 fiscal year was refundable and said refund occurred on November 29, 2013, while those for the 2013, 2014, 2015, 2019, 2020 and 2021 fiscal years were positive?

Solution:

1. Amount of undue deductions

The taxpayer has failed to comply with the requirement that the home constitute his or her habitual residence for a continuous period of at least three years.

Therefore, the amount of the deductions that must be reimbursed is:

  • Deduction made in the 2012 declaration: 1,350.00

  • Deduction made in the 2013 declaration: 900,00

  • Deduction made in the 2014 declaration: 900,00

  • Deduction made in the 2015 declaration: 900,00

  • Deduction made in the 2016 declaration: 0.00

  • Deduction made in the 2017 declaration: 0.00

  • Deduction made in the 2018 declaration: 0.00

  • Deduction made in the 2019 declaration: 1,356.00

  • Deduction made in the 2020 declaration: 1,356.00

  • Deduction made in the 2021 declaration: 1,356.00

  • Total 8,118.00

Of the total undue deductions:

  • The sum of the amounts of the deductions made in the 2012, 2013, 2014, 2015, 2019, 2020 and 2021 declarations corresponding to the state section (50% s/8,118.00 = 4,059.00) will increase the state net quota,

  • The sum of the amounts of the deductions made in the 2012, 2013, 2014, 2015, 2019, 2020 and 2021 declarations corresponding to the autonomous section (50% of 8,118.00 = 4,059.00) will increase the autonomous net quota.

To these amounts the corresponding late payment interest must be added, calculated separately for the amounts deducted in each of the financial years.

2. Amount of late payment interest

Warning : p For the calculation of the Late Payment Interest for the period from 01-01-23 to 30-06-23, 4.0625 percent has been applied, which is the late payment interest rate approved by the Forty-Second Additional Provision of Law 31/2022, of December 23, on the General State Budget for 2023 (BOE of December 24).

2.1 Late payment interest corresponding to the undue deduction of 2012 (1,350 euros)

a. Initial period: from 11-30-13 to 12-31-13 (32 days)

It is the period between the day after the date on which the return was made, which was November 30, 2013, and the last day of that year. The default interest rate in force on that date was 5 percent:

  • Late payment interest: (1,350 x 5 ÷ 100) x 32 ÷ 365 = 5.92

b. Intermediate period: from 01-01-14 to 31-12-22 (3,287 days)

It is the period between January 1, 2014 and December 31, 2022. The late payment interest rate in force in 2014 was 5 percent, in 2015 it was 4.375 percent, and in 2016, 2017, 2018, 2019, 2020, 2021 and 2022 it was 3.750 percent. Therefore:

  • Late payment interest for the year 2014: (1,350 x 5 ÷100) = 67.50
  • Late payment interest for the year 2015: (1,350 x 4.375 ÷ 100) = 59.06
  • Late payment interest for the year 2016: (1,350 x 3.75 ÷ 100) = 50.63
  • Late payment interest for the year 2017: (1,350 x 3.75 ÷ 100) = 50.63
  • Late payment interest for the year 2018: (1,350 x 3.75 ÷ 100) = 50.63
  • Late payment interest for the year 2019: (1,350 x 3.75 ÷ 100) = 50.63
  • Late payment interest for the year 2020: (1,350 x 3.75 ÷ 100) = 50.63
  • Late payment interest for the year 2021: (1,350 x 3.75 ÷ 100) = 50.63
  • Late payment interest for the year 2022: (1,350 x 3.75 ÷ 100) = 50.63

  • Total (67.50+59.06+50.63+50.63+50.63+50.63+50.63+50.63 +50.63 ) = 480.97

c. Final period: from 01-01-23 to 30-06-23 (181 days)

It is the period between January 1, 2023, and the date of filing the personal income tax return for the year 2023, in this case, June 30, 2023. The default interest rate in effect in 2023 is 4.0625 percent.

  • Late payment interest: (1,350 x 4.0625 ÷ 100) x 181 ÷ 365 = 27.20

d. Total late payment interest corresponding to the deduction for the 2012 financial year.

Total late payment interest: 5.92 + 480.97 + 27.20 = 514.09 euros

2.2. Late payment interest corresponding to the undue deduction of 2013 (900 euros)

a. Initial period : from 01-07-14 to 31-12-14 (184 days)

It is the period between the day after the due date for filing tax returns for the 2013 fiscal year, which was June 30, 2014, and the last day of that year. The interest rate in force during this period was 5%.

  • Late payment interest: [(900 x 5 ÷ 100) x 184 ÷ 365] = 22.68

b. Intermediate period : from 01-01-15 to 31-12-22 (2,922 days)

It is the period between January 1, 2015 and December 31, 2022. The late payment interest rate in force in 2015 was 4.375 percent and in 2016, 2017, 2018, 2019, 2020, 2021 and 2022 it was 3.75 percent. Therefore:

  • Late payment interest for the year 2015: (900 x 4.375 ÷ 100) = 39.38
  • Late payment interest for the year 2016: (900 x 3.75 ÷ 100) = 33.75
  • Late payment interest for the year 2017: (900 x 3.75 ÷ 100) = 33.75
  • Late payment interest for the year 2018: (900 x 3.75 ÷ 00) = 33.75
  • Late payment interest for the year 2019: (900 x 3.75 ÷ 00) = 33.75
  • Late payment interest for the year 2020: (900 x 3.75 ÷ 00) = 33.75
  • Late payment interest for the year 2021: (900 x 3.75 ÷ 00) = 33.75
  • Late payment interest for the year 2022: (900 x 3.75 ÷ 00) = 33.75

  • Total (39.38 + 33.75 +33.75 + 33.75 + 33.75 + 33.75 + 33.75) = 275.63

c. Final period : from 01-01-23 to 30-06-23 (181 days)

It is the period between January 1, 2023, and the date of filing the personal income tax return for the year 2022, in this case, June 30, 2023. The default interest rate in effect in 2023 is 4.0625 percent.

  • Late payment interest: (900 x 4.0625 ÷ 100) x 181 ÷ 365 = 18.13

Total late payment interest corresponding to the deduction for the year 2013 .

Total late payment interest: 22.68 + 275.63 + 18.13 =316.44 euros

2.3 Late payment interest corresponding to the undue deduction of 2014 (900 euros)

a. Initial period : from 01-07-15 to 31-12-15 (184 days)

It is the period between the day after the due date for filing tax returns for the 2014 fiscal year, which was June 30, 2015, and the last day of that year. The interest rate in force during this period was 4.375 percent.

  • Late payment interest: [(900 x 4.375 ÷ 100) x 184 ÷ 365] = 19.85

b. Intermediate period : from 01-01-16 to 31-12-22 (2,557 days)

It is the period between January 1, 2016 and December 31, 2022. The late payment interest rate in force in 2016, 2017, 2018, 2019, 2020, 2021 and 2022 was 3.750 percent. Therefore:

  • Late payment interest for the year 2016: (900 x 3.75 ÷ 100) = 33.75
  • Late payment interest for the year 2017: (900 x 3.75 ÷ 100) = 33.75
  • Late payment interest for the year 2018: (900 x 3.75 ÷ 100) = 33.75
  • Late payment interest for the year 2019: (900 x 3.75 ÷ 100) = 33.75
  • Late payment interest for the year 2020: (900 x 3.75 ÷ 100) = 33.75
  • Late payment interest for the year 2021: (900 x 3.75 ÷ 100) = 33.75
  • Late payment interest for the year 2022: (900 x 3.75 ÷ 100) = 33.75

  • Total (33.75 + 33.75 +33.75 + 33.75 + 33.75 + 33.75 + 33.75) = 236.25

c. Final period : 01-01-23 to 30-06-23 (181 days)

It is the period between January 1, 2023, and the date of filing the personal income tax return for the year 2022, in this case, June 30, 2023. The default interest rate in effect in 2023 is 4.0625 percent.

  • Late payment interest: (900 x 4.0625 ÷ 100) x 181 ÷ 365 = 18.13

d. Total late payment interest corresponding to the deduction for the 2014 financial year.

Total late payment interest: 19.85 + 236.25. + 18.13 = 274.23 euros

2.4 Late payment interest corresponding to the undue deduction of 2015 (900 euros)

a. Initial period : from 01-07-16 to 31-12-16 (184 days)

It is the period between the day after the due date for filing tax returns for the 2015 fiscal year, which was June 30, 2016, and December 31, 2016. The late payment interest rate in force in 2016 was 3.750 percent. Therefore:

Late payment interest for the year 2016: [(900 x 3.75 ÷ 100) x 184 ÷ 366] = 16.97

b. Intermediate period : from 01-01-17 to 31-12-22 (2,190 days)

It is the period between January 1, 2017 and December 31, 2022. The late payment interest rate in force in the years 2017, 2018, 2019, 2020, 2021 and 2022 was 3.750 percent. Therefore:

  • Late payment interest for the year 2017: (900 x 3.75 ÷ 100) = 33.75
  • Late payment interest for the year 2018: (900 x 3.75 ÷100) = 33.75
  • Late payment interest for the year 2019: (900 x 3.75 ÷100) = 33.75
  • Late payment interest for the year 2020: (900 x 3.75 ÷100) = 33.75
  • Late payment interest for the year 2021: (900 x 3.75 ÷100) = 33.75
  • Late payment interest for the year 2022: (900 x 3.75 ÷100) = 33.75

  • Total (33.75 + 33.75 +33.75 + 33.75 + 33.75 + 33.75 ) = 202.50

c. Final period : 01-01-23 to 30-06-23 (181 days)

It is the period between January 1, 2023, and the date of filing the personal income tax return for the year 2022, in this case, June 30, 2023. The default interest rate in effect in 2023 is 4.0625 percent.

  • Late payment interest: (900 x 4.0625 ÷ 100) x 181 ÷ 365 = 18.13

d. Total late payment interest corresponding to the deduction for the 2015 financial year.

Total late payment interest: 16.97 + 202.50 + 18.13 = 237.60 euros

2.5 Late payment interest corresponding to the undue deduction of 2016 (no deduction was made)

There is no deduction and therefore there is no undue deduction or late payment interest.

2.6 Late payment interest corresponding to the undue deduction of 2017 (no deduction was made)

There is no deduction and therefore there is no undue deduction or late payment interest.

2.7 Late payment interest corresponding to the undue deduction of 2018 (no deduction was made)

There is no deduction and therefore there is no undue deduction or late payment interest.

2.8 Late payment interest corresponding to the undue deduction of 2019 (1,356 euros)

a. Initial period : from 01-07-20 to 31-12-20 (184 days)

It is the period between the day after the due date of the declaration deadline for the 2019 fiscal year, which was July 1, 2020, and December 31, 2020. The late payment interest rate in force in 2020 was 3.750 percent. Therefore:

  • Late payment interest for the year 2020: [(1,356 x 3.75 ÷ 100) x 184 ÷ 366] = 25.56

b. Interim period : from 01-01-21 to 31-12-22 (730 days)

It is the period between January 1, 2021 and December 31, 2022. The late payment interest rate in force in 2021 and 2022 was 3.750 percent. Therefore:

  • Late payment interest for the year 2021: [(1,356 x 3.75 ÷ 100)] = 50.85
  • Late payment interest for the year 2022: [(1,356 x 3.75 ÷ 100)] = 50.85

  • Total (50.85 + 50.85) = 101.70

c. Final period : 01-01-23 to 30-06-23 (181 days)

It is the period between January 1, 2023, and the date of filing the personal income tax return for the year 2022, in this case, June 30, 2023. The default interest rate in effect in 2023 is 4.0625 percent.

  • Late payment interest: (1.356 x 4.0625 ÷ 100) x 181 ÷ 365 = 27.32

d. Total late payment interest corresponding to the deduction for the 2019 financial year

Total late payment interest: 25.56 + 101.70 + 27.32 = 154.58 euros

2.8 Late payment interest corresponding to the undue deduction of 2020 (1,356 euros)

a. Initial period : from 01-07-21 to 31-12-21 (184 days)

It is the period between the day after the due date of the 2020 tax return declaration period, which was June 30, 2021, and December 31, 2021. The late payment interest rate in force in 2020 was 3.750 percent. Therefore:

  • Late payment interest for the year 2021: [(1,356 x 3.75 ÷ 100) x 184 ÷ 365] = 25.63

b. Interim period : from 01-01-22 to 31-12-22 (365 days)

It is the period between January 1, 2022 and December 31, 2022. The late payment interest rate in force in 2022 was 3.750 percent. Therefore:

  • Late payment interest for the year 2022: [(1,356 x 3.75 ÷ 100)] = 50.85

c. Final period : 01-01-23 to 30-06-23 (181 days)

It is the period between January 1, 2023, and the date of filing the personal income tax return for the year 2022, in this case, June 30, 2023. The default interest rate in effect in 2023 is 4.0625 percent.

  • Late payment interest: (1.356 x 4.0625 ÷ 100) x 181 ÷ 365 = 27.32

d. Total late payment interest corresponding to the deduction for the 2020 financial year

Total late payment interest: 25.63 + 50.85 + 27.32 = 103.80 euros

2.10 Late payment interest corresponding to the undue deduction for 2021 (1,356 euros)

a. Initial period : from 01-07-22 to 31-12-22 (184 days)

It is the period between the day after the due date of the declaration deadline for the 2021 fiscal year, which was June 30, 2022, and December 31, 2022. The late payment interest rate in force in 2022 was 3.750 percent.

  • Therefore: • Late payment interest for the year 2022: [(1,356 x 3.75 ÷ 100) x 184 ÷ 365] = 25.63

b. Final period : from 01-01-23 to 30-06-23 (181 days)

It is the period between January 1, 2023, and the date of filing the personal income tax return for the year 2022, in this case, June 30, 2023. The interest rate for late payments in force during this period is 3.75%.

Late payment interest: [(1,356 x 4.0625 ÷ 100) x 181 ÷ 365] = 27.32

c. Total late payment interest corresponding to the deduction for the 2021 financial year

Total late payment interest: 25.63 + 27.32 = 52.95 euros

2.11 Late payment interest to be computed in the 2022 declaration

  • Corresponding to the undue deduction of 2012: 514.09
  • Corresponding to the undue deduction of 2013: 316.44
  • Corresponding to the undue deduction of 2014: 274.23
  • Corresponding to the undue deduction of 2015: 237.60
  • Corresponding to the undue deduction of 2019: 154.58
  • Corresponding to the undue deduction of 2020: 103.80
  • Corresponding to the undue deduction for 2021: 52.95

  • Total interest: 1,653.69

50% of the late payment interest corresponding to the years 2012, 2013, 2014, 2015, 2019, 2020 and 2021 will increase the state net quota (826.85 euros) and the remaining 50% (826.85 euros) will increase the regional net quota or vice versa.