For certain taxpayers, the deadline to present an appeal for patrimonial liability of the legislative State and recover debts and tax penalties derived from the lack of presentation or late presentation of Form 720 ends on March 14, 2023.

On March 14, 2022, the ruling of the TSJEU of 01/27/2022 on case C-788/19 was published in the OJEU. It declares that the Spanish regime for unjustified capital gains of personal income tax and IS, as well as the sanctioning regime for non-compliance or late submission of Form 720, are contrary to EU law because they represent a disproportionate restriction on the free movement of capital.

The ruling of the TSJEU of June 28, 2022, in case C-278/20, declares that the Spanish regime of patrimonial liability of the legislative State does not comply with the obligations that correspond to it according to the principle of effectiveness.

Taxpayers have an opportunity to claim debts and penalties resulting from non-compliance or late filing of Form 720.

The deadline to claim for patrimonial responsibility of the legislative State expires on March 14, 2023, one year after the publication of the first ruling in the Official Journal of the European Union. This opportunity allows certain taxpayers to recover debts and tax penalties from non-compliance or late filing of Form 720.

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