The season of the tax declaration It has been in full swing for a few months now and the “fastest” ones have already taken steps to send their income tax return, so as to see any refunds recognized as soon as possible.
Once done, you can present the model 730 until September 30th while the model expires Natural persons is set for October 15th. There is therefore time to carry out this requirement but we must not forget about it because in the event that the tax return is not submitted there is a risk of incurring the case of “failure to file tax return”.
But what is it? Let’s go into more detail.
What is failure to declare and who is affected?
The “failed tax return” is triggered when, after 90 days from the deadline, one’s declaration has not been submitted, which may concern direct taxes (starting with Irpef) but also indirect taxes such as VAT.
Furthermore, if the declaration is submitted subsequently to the 90 days “omission” is expected even if the accounting document will be valid for the payment of the taxes due; in the case in which, however, the declaration is presented on non-compliant models or is not signed, it will be considered null and void, falling within the category of omitted declaration.
In the latter case, however, within 30 days of receiving the invitation from the competent revenue office to sign the declaration, the declarant will be able to remedy his situation.
Logically, only those who are actually required to submit the declaration can incur in the omission of the declaration; as the Revenue Agency reminds us: “Individuals file their tax return using the PF Income form or the 730 form, depending on the type of income they have. Employees and retirees who have employment income, pensions and some miscellaneous income can file Form 730. Spouses can file Form 730 jointly. All other subjects and taxpayers who are not fiscally resident in Italy in the tax year and/or in the year of submission of the tax return submit the PF Income form”.
What does it entail?
The case of failure to declare entails the application of a administrative sanction of a pecuniary nature which can also be considerable, considering that it is a “crime” considered serious, not making one’s income situation known to the State.
The minimum penalty that can be applied is 250 euros, which increases by 1/3 if the income was produced abroad; instead, the penalty is between 250 and one thousand euros in the case in which no taxes are due, but the penalty can be doubled if the failure to declare the facts concerns subjects obliged to keep accounting records. Furthermore, in cases in which the failure to declare results in a high “evasion” threshold, there is also the risk of criminal.
Failure to declare can be remedied
across the “active repentance”, i.e. a sort of “self-report” and sending of the declaration before the tax authorities dispute the failure to submit; this can lead to a significant reduction in the fine.