We are already immersed in the 2017 Corporate Tax declaration period, which for the majority of entities (whose financial year coincides with the calendar year) can be submitted until July 25, 2018, a date that we must mark in our fiscal calendar if we do not want to suffer the negative consequences of filing the tax late.
Goodbye to BIN compensation from previous years:
It seems like a truism recommendation, but this particular year could be fateful if we had negative tax bases pending compensation that we wanted to apply: The Tax Administration is not going to let us apply the compensation in this declaration filed after the deadline.
After a while we will find ourselves with the notification of a provisional settlement higher than expected, in which apart from carrying the surcharges for late declaration, there will be no compensation for negative tax bases from previous years. There are already cases of taxpayers who have received this “surprise” due to the late submission of Corporate Tax settlements for the 2016 financial year and even for previous years.
Declarations with a result of zero or to be returned can become an important blow of an unforeseen declaration to be entered, even if it was only submitted late by one day.
This fact is due to the fact that the AEAT has adopted as its own criterion Resolution 1510/2013 of April 4, 2017 of the Central Economic Administrative Court (TEAC), in which, apart from reaching this conclusion in the declarations submitted after the deadline, it also details other cases in which the compensation of negative tax bases from previous years cannot be applied, as we already analyzed in this seminar on the news in the compensation of losses from previous years, in which we also indicated the limitations, requirements, accounting and completion of the negative tax bases in the year in which they are generated and in which they are decided to be offset.
It is important to emphasize that the ruling in no case considers that the right to offset the negative tax bases from previous years pending compensation is lost, but rather that they cannot be applied in the year in question, but can be applied in the following ones. However, this fact in itself can cause great economic damage even if one intends to appeal the Administration's decision, filing an appeal for reconsideration or an economic-administrative claim, which is clearly recommended in this situation, although we fear that in both cases our requests will be rejected and we must continue through judicial means by filing a contentious-administrative appeal (remember that with the SuperContable SME Service you have access to these writings).
Other consequences of “out of time”:
Although this is not your case because you do not have negative tax bases from previous years pending compensation or because the tax base is negative this year, we should not rest on our laurels either.
If we are late in submitting the Corporate Tax return (form 200) without prior requirement from the Administration We will have to face the surcharges for late declaration plus possible late payment interest if the result is to be deposited or a fine of 100 euros if the result is zero or to be returned.
But if on top of that we get to the point where we get a Administration requirement for lack of presentation the penalty will be greater. If the result of the declaration is to be entered, the violations of articles 191 and 192 of the General Tax Law will be applied, which may amount to 50% to 150% of the result of the liquidation, while if the result is zero or to be returned, we will have to do facing a fine of 200 euros.
Fountain: accounting-consultant.es
