The tax payers who “forgot” to submit or will submit their tax returns by the deadline are now faced with the fines of the tax office, except of course the additional tax in the case of a debit settlement.

The said fine, in fact, ranges from 100 euros, up to 250 or even 500 euros, depending on whether the debtor is an entrepreneur or not, since based on the current legislation:

  • if the taxpayer is not an entrepreneur or a self-employed person, he will be charged a fine of 100 euros,
  • taxpayers who do not submit or submit late a tax return, with the exception of informational declarations, do not submit or submit late a withholding tax return or do not respond to a request from the tax administration to provide information or data, a fine of two hundred and fifty euros per violation is imposed, if liable to maintain a simple accounting system, and five hundred euros per violation, if they are liable to maintain a double accounting system.

At the same time, in the case of submitting an amending declaration after the expiry (2/8) of the deadline, the taxpayer may also be asked to pay a fine, which ranges from 100 to 500 euros, while he may also be faced with the obligation to pay interest late payment, calculated at 0.73% for each month that has passed from the deadline for submission until the date of submission of the amending statement and confirmation of new increased debt.

Amendments

It is pointed out that for taxpayers who will submit late, i.e. from August 3rd onwards, amending income tax returns with a debit amount of tax, the following applies:

a) In the event that the original timely return resulted in a zero result or a tax credit balance and the amending return results in an additional tax payment of up to 100 euros, then no penalty for late submission will be imposed.

b) In the event that a zero or credit amount of tax resulted from the original timely declaration and an obligation to pay additional tax of more than 100 euros arose from the late amendment, then:

  • if the taxpayer is not an entrepreneur or self-employed he will be charged a fine of 100 euros,
  • if the taxpayer is an entrepreneur or self-employed, he will be charged a fine of 250 euros if he keeps simple books, or a fine of 500 euros if he keeps double books.
  • c) In the event that a debit balance to be paid resulted from the original timely statement and the amending statement results in a reduction of the debit balance, then no fine will be imposed.
  • d) In the event that the original on-time declaration resulted in a debit balance and the overdue amending statement results in the same debit balance or an additional debit balance to be paid up to 100 euros, then no fine will be imposed.
  • e) In the event that the original timely declaration resulted in a debit balance of tax to be paid and the overdue amendment results in an increase in the debit balance greater than 100 euros, then, if the taxpayer is not an entrepreneur or self-employed, he will be charged a fine of 100 euros , whereas, if he is an entrepreneur or self-employed person, he will be charged a fine of 250 euros if he keeps simple books, or 500 euros if he keeps double books.

The scale of fines for inaccurate declarations

When the tax return is inaccurate and the amount of tax resulting from the tax return falls short of the amount of tax resulting from a corrective tax assessment carried out by the tax administration, the taxpayer is subject to a fine on the resulting difference in tax to be paid as follows:

a) ten percent (10%) of the amount of the difference, if the amount in question amounts to a percentage of five percent (5%) to twenty percent (20%) of the tax resulting on the basis of the tax return,

b) twenty-five percent (25%) of the amount of the difference, if the amount in question exceeds the percentage of twenty percent (20%) and amounts to a percentage of up to fifty percent (50%) of the tax arising based on the tax statement,

c) fifty percent (50%) of the amount of the difference, if said amount exceeds fifty percent (50%) of the tax resulting from the tax return.

On the other hand, it should be mentioned that if any amount of tax is not paid within the legal deadline for payment, the taxpayer is liable to pay interest on the said amount of tax for the period of time from the day following the expiration of the legal deadline.

In the event of late, initial or amending declaration, as well as in the event of an estimated, corrective or interim determination of the tax, the starting point for calculating the interest is the expiry of the period in which the resulting tax should have been initially paid, according to the law from the overdue, initial or amending declaration or from the act of determination.

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