The Personal Income Tax (IRPF) campaign enters its final stretch with nearly 10 million tax returns still pending. This situation, warns DEMOCRATA, the consultancy TaxDown, can have consequences, as delays in filing can result in surcharges from 1% up to penalties of 150% of the amount owed.
The countdown to file the 2025 Income Tax return enters its decisive phase. With only a few weeks left until the campaign closes, more than 10 million taxpayers have not yet complied with this tax procedure, according to TaxDown calculations consulted by DEMOCRATA.
The figure is not insignificant. It represents nearly 40% of the more than 25 million tax returns expected by the Tax Agency for this campaign. And for those who leave it too late or miss the deadline, the economic consequences can be significant.
As explained by TaxDown's tax experts, taxpayers who file their Personal Income Tax return late may face four different scenarios, depending on whether the Tax Agency acts before or after they voluntarily regularize their situation and whether the tax return results in an amount due or a refund.
First scenario
The least burdensome situation is for those who voluntarily file their tax return late before receiving a request from the Tax Agency.
In these cases, if the tax return results in an amount due, the Tax Agency applies a surcharge of 1%, to which another 1% is added for each full month of delay. Thus, a one-month delay means a 2% surcharge, while six months increase the cost to 7%.
After twelve months have passed, the surcharge automatically becomes 15% and default interest begins to accrue.
Second scenario: 100 euro fine
Many taxpayers mistakenly believe there is no risk when the tax return results in a refund. However, filing late also has consequences.
According to TaxDown, when there is no outstanding amount due—because the tax return results in a refund or the outcome is zero—no surcharge is applied, but the Administration can impose a fixed penalty of 100 euros.
Third scenario: penalties of up to 150%
The situation changes radically when the Tax Agency detects the non-compliance before the taxpayer regularizes their situation.
If the declaration results in an amount due and there is a prior requirement from the Tax Agency, the surcharges disappear and penalties come into play, which can range from 50% to 150% of the amount not paid, in addition to the corresponding default interest.
The minimum penalty is normally applied in the least serious cases, while higher percentages are reserved for cases involving concealment or the use of means considered fraudulent by the Administration.
Fourth scenario: 200 euro penalty
Even when the declaration does not generate economic damage for the Tax Agency, the taxpayer can be penalized if the Administration requires it beforehand.
In these cases, the fine amounts to 200 euros, an amount that can affect both declarations to be refunded and those with a zero balance.
A potential risk for more than 10 million taxpayers
The four scenarios described could still affect a group of more than 10 million taxpayers who are still not filing their tax returns, according to TaxDown's estimates.
Eleven million to be refunded
The data also shows that the campaign continues to advance at two speeds. On the one hand, nearly 11 million tax returns already filed have resulted in refunds, although almost 2.7 million taxpayers are still waiting for the payment from the Tax Agency. On the other hand, more than three million people will have to pay amounts to the Tax Agency, a payment that will be made on June 30, although it can be paid in installments.
Given this context, TaxDown insists that it is not enough to file the tax return on time. It also recommends carefully reviewing the draft before validating it to avoid errors and unapplied deductions that could unnecessarily increase the tax bill.
In this regard and, in statements to DEMOCRATA, Enrique García, CEO of TaxDown, points out: "Reviewing the income tax draft is not optional, it is essential. Every year we see how thousands of people lose money or make mistakes simply by assuming that everything is correct."