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How are the Treasury surcharges for presenting VAT settlements after the deadline

The online platform, Declaring, dedicates the latest installment of its Legal Observatory to clarifying the innovations implemented by Treasury in relation to model 303intended for the quarterly settlement of VAT collected on the invoices of the self-employed.

Form 303 is the quintessential form for Spanish self-employed workers. For this year 2022 and for 2023, the Tax Agency has foreseen a series of modifications related to the presentation of the same. Basically, it consists of a reduction of the sanctions imposed for presenting it after the deadline, as well as in the suspension of the presentation of the paper form”explains Marta Zaragozá, CEO of Declarando.

In addition to the 303 model, the regulatory changes also affect the rest of the models that the self-employed must present to the Treasury.

Change in the surcharges for presenting the model after the deadline

The main novelty that the Treasury has introduced in relation to form 303 is the reduction in the surcharges that are applied for submitting the form after the deadline, which will mean a lower cost in the sanction to be assumed by the self-employed who incur in this fact. .

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Thus, when the self-employed voluntarily agree to rectify the presentation of the tax, without having received the corresponding notice from the Tax Agency, the surcharge will be 1% of the amount owed plus another additional 1% for each month that has elapsed since the end of the legal term to do so. If the elapsed time exceeds 12 months from the end of the official filing period, the surcharge percentage will rise to 15%.

Until now, the surcharges for filing late the model 303 ranged between 5% and 20%depending on the time elapsed from the legal term to file the tax.

Likewise, Declarando recalls that the sanction for failing to pay a tax debt is punishable by applying the General Tax Law, which classifies infractions as minor, serious or very serious. The base of these sanctions will be the amount owed with a surcharge of 50% if it is considered a minor infraction, 100% if it is serious, and 150% if it is classified as very serious.

Form 303 is a quarterly form that must be submitted to the Tax Agency during the months of April, July and October, between days 1 and 20; and the months of January between days 1 and 30.

The other novelty related to model 303, which will come into force from next year, 2023, is the suspension of the presentation of the tax in physical format. In this way, as of January 1, 2023, and being applicable to self-assessments for the years 2023 and subsequent years, only the electronic office of the Tax Agency may be used to carry out this procedure.

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