Rectifying self-assessment

Law 13/2023, of May 24, modifies sections 3 and 4 of article 120 of the General Tax Law (LGT), introducing the corrective self-assessment for taxes provided for in their specific regulations. This will allow taxpayers to correct, complete, or modify previously submitted self-assessments.

In the area of Corporate Income Tax, the Fifth Final Provision of Royal Decree 117/2024, of January 30, incorporates a new article 59 bis into the Corporate Income Tax Regulations, which introduces the corrective self-assessment. as the general routeto rectify, complete or modify the self-assessment previously submitted. 

For tax periods beginning on or after January 1, 2024, the Order HAC/657/2025, of June 21, establishes the effective application of the corrective self-assessment as mechanism correcting of self-assessments replacing the current system of supplementary self-assessment and rectification requests.

Therefore, with general character Taxpayers must rectify, complete, or modify previously submitted self-assessments by submitting a corrective self-assessment, regardless of the outcome of the return.

As exception, when the reason for the rectification by the taxpayer is exclusively the reasoned allegation of a possible violation by the rule applied in the prior self-assessment of the precepts of another rule of higher legal, constitutional, European Union law or an international Treaty or Convention. it will be possible request rectification through the procedure provided for in article 120.3 of the LGT, and developed in articles 126 to 128 of the RGAT, or submit a corrective self-assessment.

If this reason occurs alongside other reasons of a different nature, the taxpayer must file a corrective self-assessment for the latter.

Regarding the deadline for submission, the corrective self-assessment may be submitted before the statute of limitations has expired the right of the Administration to determine the tax debt through liquidation or the right to request the refund that may be appropriate. When presented out of date volunteer of declaration will have the character of untimely.

In relation to the content, it must expressly state that it is a corrective self-assessment, the tax obligation and the period to which it refers. For these purposes, the data included in the previously submitted self-assessment that is not subject to modification, those that are subject to modification, and those newly included will be incorporated.

Finally, without prejudice to the provisions of section 5 of article 59 bis of the Corporate Tax Regulation in relation to the fiscal consolidation regimeFor this 2024 tax period, the corrective self-assessment figure has not been implemented in form 220, without prejudice to the possibility that each dependent entity in a tax group may submit corrective self-assessments with respect to their corresponding form 200.

You can consult the specific details regarding the presentation of corrective self-assessments for Corporate Income Tax in the Chapter 2 of this Manual.