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Practical Handbook for Companies 2021

Late payment penalty

1.Calculation of interest for late payment

For the calculation of the interest on arrears, the initial term of calculating coincides with the date on the day following the end of the voluntary period for filing the tax return for the tax period in which were applied the tax benefits that are restored and the term end match the date of submission of the tax return for the period in which have been breached the conditions established for enjoyment of the corresponding tax benefit.If as a result of the tax return which were applied the profits that is now reinstated was obtained the refund, the initial term of the calculation will coincide with the date on which they received the refund.For the calculation of the interest on arrears is applied to elapsed days of each year and included in the period of late payment interest the interest rate of late payment interest in force in each of them.The formula to be used is as follows:

Interest for late payment = C x ∑TnxIDn/365(*) x 100

(*) In the case of leap years, 366 days shall be taken instead of 365.

In which:

C:Amount of the benefits to refund.

Tn:Number of days during the period of late payment interest in each of the years from the same, which are elapsed between 1 January or the day after the expiry date of the voluntary period for filing the tax return for the tax period in which were applied the profits that are restored, if this heads later, (or, where applicable, from the date on which it was obtained the refund) and the date of submission of the tax return that are restored profits unduly allowances received or, in its absence, on 31 December.

IDn:interest for late payment in force in each of the years included in the period for late payment.

2.Applicable interest rates for late payment

AñoApplicable interest rates for late payment
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
2021 3.75

3.Filling in form 200

In the boxes [00617] and [00618] "Late payment interest" (in the event that you pay tax exclusively to the State or to one or more of the provincial tax administrations, respectively) on 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, have been entered, where applicable, in boxes [00615] and [00616] and [00633] and [00642], shall be shown.In addition, in those cases in which the loss of tax benefits entails the inclusion in the tax base of the unduly received benefits, the amount of late payment interest corresponding to the part of the tax liability deriving from such inclusion shall be shown in these boxes.

A tener en cuenta:

In the case of joint taxation, the late payment interest thus calculated in the proportion corresponding to each Administration shall be entered in boxes [00617] and [00618] for the loss of tax benefits whose amounts have been entered in boxes [00615] and [00616], or in boxes [00633] and [00642], respectively, and, where appropriate, in addition, those corresponding to the part of the tax liability derived from the integration into the tax base of the unduly received benefits.