Deadlines
Can I file a missed Modelo 210 retrospectively?
Yes — within the four-year statute of limitations, a missed Modelo 210 can be filed at any time. The process is identical to a regular filing: the Modelo 210 is completed for the relevant tax year, the recargo (surcharge) is calculated automatically, and the total amount — tax liability plus recargo — is paid in one step. The recargo is 1% per month (or part thereof) of delay for the first twelve months. From the thirteenth month, it rises to 15% of the tax liability plus late-payment interest. Critically, because the late filing is voluntary (before any AEAT action), no penalties under Article 191 LGT apply — only the surcharges of Article 27. An example: an owner failed to file for the 2023 tax year (due 31 December 2024). They file in May 2025 — five months late. On a tax liability of €280, the recargo is 5% = €14. Total payment: €294. For owners who have not filed for several years, a structured catch-up is recommended: file all outstanding tax years in a single batch. The recargos are calculated separately for each tax year based on the respective period of delay. A strategic point particularly relevant for Mallorca owners: when selling a property, the notary or the buyer's lawyer frequently checks whether taxes have been properly paid. Outstanding Modelo 210 declarations can delay or complicate the sale — and the 3% retention on the sale (Modelo 211) is not offset against unpaid IRNR liabilities. Filing through Fiscaro: the platform supports retrospective filing for previous tax years. The wizard guides the user through the relevant data, calculates the tax under the rules applicable to each tax year, and determines the recargo automatically. Filing and payment are completed in one step, just as with a regular return.
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This article is for general information purposes only and does not constitute individual tax advice. For an assessment tailored to your specific circumstances, we recommend consulting a qualified tax adviser or Spanish gestoría.