Late payment penalty
Calculation of late payment interest
For the calculation of late payment interest, the initial term of the calculation coincides with the date of the day following the end of the voluntary deadline for submitting the declaration of the tax period in which the tax benefits that are restored were applied and the final term coincides with the date of submission of the declaration of the tax period in which the conditions established for the enjoyment of the corresponding tax benefit have been breached. If as a result of the declaration to which the benefits that are now being restored were applied, a refund was obtained, the initial term of the calculation will coincide with the date on which the refund was received. To calculate late payment interest, the late payment interest rate in force in each of them is applied to the days that have elapsed each year and included in the late payment period. The formula to use is the following:
Default interest = C x ∑TnxIDn/365(*) x 100
(*) In the case of leap years, 366 days will be taken instead of 365.
In which:
C : amount of benefits to be returned.
Tn : number of days of the delay period in each of the years thereof, which are those that elapsed between January 1 or the day following the expiration date of the voluntary deadline for submitting the declaration of the tax period in which the benefits that are restored, if this is later, (or, where applicable, from the date on which the refund was obtained) and the date of presentation of the declaration in which the unduly enjoyed benefits are restored or, failing that, December 31st.
IDn : late payment interest in force in each of the years included in the late payment period.
Applicable default interest rates
| Year | Applicable late payment interest rates Percentage |
|---|---|
| 2002 | 5.5 |
| 2003 | 5.5 |
| 2004 | 4.75 |
| 2005 | 5 |
| 2006 | 5 |
| 2007 | 6.25 |
| 2008 | 7 |
| 2009 | 7/5 |
| 2010 | 5 |
| 2011 | 5 |
| 2012 | 5 |
| 2013 | 5 |
| 2014 | 5 |
| 2015 | 4,375 |
| 2016 | 3.75 |
| 2017 | 3.75 |
| 2018 | 3.75 |
| 2019 | 3.75 |
| 2020 | 3.75 |
Filling in form 200
In boxes [00617] and [00618] "Delay interest" (in the event that you pay taxes exclusively to the State or to one or more of the regional tax administrations, respectively) of the page 14 bis of form 200, the amount of late payment interest corresponding to the amounts that, as a refund for the loss of tax benefits applied in previous tax periods, would have been reflected recorded, if applicable, in boxes [00615] and [00616] and [00633] and [00642]. Furthermore, in those cases in which the loss of tax benefits entails the integration into the tax base of the benefits unduly received, the amount of late payment interest corresponding to the part of the fee derived from said integration will be reflected in these boxes.
Keep in mind:
In the cases of joint taxation , the late payment interest thus calculated in the proportion that corresponds to each Administration, for the loss of tax benefits, will be entered in boxes [00617] and [00618]. whose amounts have been entered in boxes [00615] and [00616], or in boxes [00633] and [00642], respectively, and, where applicable, in addition, those that correspond to the part of the quota derived from the integration in the tax base of the benefits unduly received.