B Law & Tax
30 May 2023

Tax advisor: Movements sanctioned by the Treasury if not declared

We examine the details of the monetary transactions for which the Treasury can impose sanctions, as well as the consequences of not complying with tax obligations.

What transactions must be declared within Spain?

– Real estate transactions: Any sale, donation or any other type of transaction related to real estate must be reported. This covers the sale of homes, commercial premises or land.

– Securities transactions: Transactions involving the purchase or sale of shares, participations in companies, bonds or other securities must be reported. Free transfers, such as donations, are also included.

– Banking transactions: If you have bank accounts in Spain and make significant financial movements, such as deposits, transfers or cash withdrawals, you must declare them to the tax authority.

– Leases: Income generated from property rentals must be reported. This covers both the rental of dwellings and the rental of commercial premises.

Serious infractions in the Income Tax Return.

– Failure to file income tax return: All taxpayers are required to file their return, even if it results in a refund or if there are no taxes due. Failure to file constitutes a serious infraction.

– Late filing: It is important to comply with the deadlines established for filing income tax returns. Failure to do so may result in surcharges that vary depending on the degree of delay.

– Misreporting income: It is essential to accurately and completely report all income earned. Failure to do so or providing incorrect information may be considered a serious offense.

– Failure to declare capital gains or losses: Gains or losses derived from the sale of capital assets must be declared.

– Failure to declare foreign bank accounts: If you have foreign bank accounts that exceed the established limit, you are obliged to inform the tax authority of their existence. Failure to do so may have economic and legal consequences.

How much is a sanction imposed by the tax authorities?

The amount of the penalties imposed by the tax authority varies depending on the seriousness of the infraction and the individual circumstances of each taxpayer. In situations of serious infractions, fines can be as high as 150% of the amount defrauded. In addition to monetary penalties, it is crucial to take into consideration that non-compliance with tax obligations may have legal implications, such as investigations and legal proceedings.

B Law & Tax International Tax & Legal Advisors.

 https://www.blaw.es/

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