rectify Spanish tax returns
A new regulation comes into effect on May 26, 2023, and requires that the specific rules of each relevant tax foresee that Spanish tax returns shall be amended through the filing of a rectifying tax return.

Such tax return shall be filed regardless of whether the self-assessment implies a major tax quote payable or a refundable quote in favor of the taxpayer.

• With effects as of May 26 2023, a unique scheme to amend tax returns has been entered into force, thus regulating the new legal form of the rectifying self-assessment.

• Up to such a change, Spanish regulations only provided for a dual scheme according to which the taxpayer should:

  • submit a complementary return in order to complete or modify those filed previously, when the tax due is higher than the one originally filed or a refundable or compensable amount lower than in the initial tax return.
  • Apply for an amendment of the previous tax return through a written request to the Spanish tax authorities, if the correction gave rise to a payable amount inferior to or a refundable or compensable amount higher than the amount originally resulting from the initial tax return filed. In such a case, the Spanish tax authorities should resolve the taxpayer’s request.

• With this new regulation, and providing that it is established in the tax regulations, the rectification must be carried out by the taxpayer by means of the submission of a new figure such as the rectifying self-assessment.

• Such form shall be filed to rectify, complete, or modify a previously filed tax return. To this purpose, the Spanish tax authorities will have to approve this new form that shall be put at the taxpayers’ disposal.

• This way and through the filing of a rectifying return, taxpayers shall be entitled to amend previous returns, irrespective of their result, without the need to wait for the Spanish tax authorities resolution.

Publicado el 09-2023 por PBS