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Submit Your Tax Return Late: Surcharges and Penalties

The 2025-2026 Tax Campaign ended on June 30. Late filers can still submit their returns: 1% monthly surcharges or 50% penalties.

Marta Uriarte ElizondoMarta Uriarte Elizondo··3 min read

The 2025-2026 Tax Campaign ended on June 30, but taxpayers who have not submitted their return can still regularise it. The tax authority applies increasing surcharges or penalties depending on the case.

The 2025-2026 Tax Campaign ended on June 30, but thousands of taxpayers have still not submitted their return. Although the official deadline has expired, regularising the situation as soon as possible remains the best option to minimise economic consequences.

If the tax authority detects that a taxpayer required to submit a return has not done so, it can demand its submission and impose penalties that, in many cases, are higher than if submitted voluntarily. The tax agency distinguishes between late voluntary submission and submission after a demand, with very different consequences.

Surcharges for Late Voluntary Submission

When the result of the return is payable and the taxpayer submits it on their own initiative, without having received a demand from the tax agency, a surcharge for late submission is applied instead of a fine. This surcharge is 1%, to which another 1% for each full month of delay is added.

If more than 12 months have passed since the end of the deadline, the surcharge becomes 15%, and late payment interest is also applied. For example, a taxpayer who owed 300 euros and submits the return a year later will have to pay that 300 euros plus a 15% surcharge and the corresponding interest.

The surcharge for late voluntary submission is 1% plus another 1% for each full month of delay, up to a maximum of 15%.

Penalties if the Tax Authority Demands Before Submission

The situation changes radically if the tax authority sends a demand before the taxpayer submits the return. In that case, the surcharge for late submission no longer applies, but a penalty for not having paid the tax debt within the established deadline is imposed.

Fines can range from 50% to 150% of the outstanding amount, depending on the severity of the infringement. In the most common cases, when the debt does not exceed 3,000 euros and there is no concealment or fraud, the penalty is 50% of the amount due. Additionally, regulations allow for a reduction in the amount if the taxpayer accepts the penalty and makes the payment within the voluntary period.

For a taxpayer who owed 300 euros, a 50% penalty means paying an additional 150 euros, plus the original debt and late payment interest. Therefore, submitting voluntarily before any demand is always cheaper.

Refund Return or Zero Amount: There is Also a Fine

Even if the result is a refund or the return has a zero amount, submitting it late can also incur penalties. In these cases, the fine is 100 euros if the return is submitted voluntarily, and 200 euros if submitted after a demand from the tax authority.

Ignoring the obligation to submit the return does not eliminate the debt. If the taxpayer does not act, the tax agency can initiate collection procedures that include bank account seizures, withholding future tax refunds, and, in the most serious cases, legal claims.

For those who have not yet submitted their return, the advice is clear: do it as soon as possible, even if the result is payable. The surcharges for voluntary submission are significantly lower than the penalties after a demand, and the peace of mind of having clear accounts with the tax authority is priceless.

Marta Uriarte Elizondo

Written by

Marta Uriarte Elizondo

Redactora

Graduada en ADE por la Autónoma y emprendedora frustrada (dos veces). Coleccionista de pitch decks, cafetera y optimista pese a las estadísticas; en Iber Empresa firma las pymes y las startups.