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Practical Income Manual 2023.

Applicable surcharges

Regulations: Art. 27 LGT

It should be taken into account that, with the exception of the cases of complementary declaration previously mentioned within " Specific assumptions of the personal income tax of this section on complementary declarations, the income corresponding to the declarations that are submitted voluntarily after the end of the declaration period without prior request from the Tax Administration in this regard, will have a surcharge of variable amount depending on the delay, excluding the sanctions that, in any other case, could have been demanded.

The applicable surcharges are as follows:

  • The surcharge will be a percentage equal to 1 percent plus another additional 1 percent, for each full month of delay in submitting the self-assessment or declaration with respect to the end of the period established for presentation and payment.

    This surcharge excludes any penalties that may have been required and late payment interest accrued until the self-assessment or declaration is submitted.

  • If the presentation of the self-assessment or declaration is made after 12 months have elapsed from the end of the period established for presentation, the surcharge will be 15% and will exclude any sanctions that may have been required.

    In these cases, late payment interest will be required for the period elapsed from the day following the end of the 12 months following the end of the deadline established for submission until the moment in which the self-assessment or declaration has been submitted.

All of this, without prejudice to the fact that the surcharge may be reduced by 25 percent of its amount in the cases and with the requirements provided for in article 27.5 of the LGT .

Regarding LGT see Law 58/2003, of December 17, General Tax ( BOE of December 18).

Delay Applicable surcharge
Within the month following the end of the declaration period 1 per 100
Within 2 months following the end of the declaration period 2 per 100
Within 3 months following the end of the declaration period 3 per 100
Within 4 months following the end of the declaration period 4 per 100
Within 5 months following the end of the declaration period 5 per 100
Within 6 months following the end of the declaration period 6 per 100
Within 7 months following the end of the declaration period 7 per 100
Within 8 months following the end of the declaration period 8 per 100
Within 9 months following the end of the declaration period 9 per 100
Within 10 months following the end of the declaration period 10 per 100
Within 11 months following the end of the declaration period 11 per 100
Within 12 months following the end of the declaration period 12 per 100
More than 12 months 15 per 100 + late payment interest