If you act first, without a prior request from the tax office, there is no penalty: there is a surcharge.
Surcharges for late filing without a prior request
- A flat 1% plus an extra 1% for each full month of delay.
- After 12 months: 15% plus late-payment interest from the day after those 12 months.
- A 25% reduction of the surcharge if you pay the debt and the surcharge on time.
If you wait for the tax office to contact you, then yes: the penalty for unpaid tax starts at 50% of the amount not paid and can reach 150%.
The moral: a slip is cheap to fix if corrected quickly; hiding it makes it worse.
At AP Asesores we regularise your situation at the lowest possible cost.
Legislation: arts. 27.2, 27.5 and 191 of Law 58/2003, General Tax Act (surcharges as amended by Law 11/2021).
