Voluntary Tax Disclosure

Voluntary tax disclosure (regularización voluntaria tributaria) is the act by which a taxpayer spontaneously corrects an underpaid tax position — filing supplementary returns, reporting previously undisclosed income or declaring foreign assets — before the Spanish Tax Agency (AEAT) or the Public Prosecutor initiates any investigation or proceeding.

The criminal law dimension: Article 252 LGT

The critical feature of Spanish voluntary tax disclosure is Article 252 of the General Tax Law (LGT), which provides that a taxpayer is exempt from criminal liability for tax fraud (Article 305 CP) if they regularise their position completely and spontaneously before any investigation begins. This is the Spanish equivalent of the German Selbstanzeige.

The criminal exemption requires three conditions: (1) the disclosure must be complete — all affected taxes, all affected years, no selective disclosure; (2) it must be spontaneous — not motivated by prior AEAT communications; and (3) it must precede any notification of AEAT verification proceedings or any criminal action.

The criminal threshold: €120,000

Where unpaid tax exceeds €120,000 per tax and per year (Article 305 CP), the irregularity is a criminal offence with sentences of one to five years (two to six years above €600,000). Voluntary disclosure eliminates criminal liability at any amount.

Financial cost

A voluntary disclosure generates: the unpaid tax; interest at 4.0625% per annum (2026 rate); and the Article 27 LGT late-filing surcharge (1% per month for the first 12 months, 15% from month 13). No administrative penalty applies — the surcharge substitutes the penalty.

Common situations

• Undisclosed business income
• Undeclared foreign bank accounts (Form 720 not filed or filed late)
• Unreported crypto assets (Form 721)
• False invoices discovered in an internal audit
• Foreign dividend income not included in prior returns

Related terms: Tax Inspection | Tax Penalty

Related service: Voluntary Tax Disclosure Spain