The new forms will serve for the voluntary assessment of tax debt
On June 16th, Order HAC / 530/2020 was published, approving forms 770 and 771 for voluntary self-assessment of tax debt. For this, the Order develops the tenth final provision of Law 34/2015, of September 21st, on the partial amendment of Law 58/2003, of December 17th, to establish the conditions and the deadline for the presentation of said taxes.
First, the art. 252 of Law 34/2015 distinguishes two types of taxes:
- Taxes that must be subject to self-assessment by taxpayers, such as, among others, personal income tax, IRNR, IS or VAT.
- Taxes that are required by means of the presentation of declarations by the taxpayers and subsequent settlement made by the Tax Administration itself.
Therefore, this regulation will be applicable to taxes that are subject to the self-assessment procedure:
- Form 770: intended for self-assessment and payment of default interest and legally accrued surcharges for voluntary regularization, in relation, exclusively as previously indicated, with those taxes subject to the self-assessment procedure.
- Form 771: intended for the self-assessment and payment of fees corresponding to tax concepts and exercises, the presentation model of which is not available at the Electronic Office of the Tax Agency at that time, whose completion will be carried out according to the ministerial order that approved the respective model of presentation.
Regarding taxpayers, they will present each model for each tax concept, exercise or taxable event that has to be regularized. In addition, they can be presented by all those taxpayers who proceed to the recognition and payment of the tax debt before they had been notified of the initiation of actions to verify the tax debt.
Finally, it should be noted that these models will be available exclusively in electronic format through the electronic headquarters of the Tax Agency. To do this, you must access the corresponding complementary documentation procedure according to the procedure assigned to each model.
B Law & Tax
International Tax & Legal Advisors.