How to Correct Errors in Modelo 210 (Amending, Late Filing, Penalties) – 2025 Guide

If you’re a non-resident property owner in Spain, you’ve likely heard of Modelo 210 — the Spanish tax form used to declare income from Spanish properties. But what happens if you make a mistake, forget to file, or need to amend a previous declaration?

This in-depth 2025 guide explains everything you need to know about correcting errors in Modelo 210, filing late returns, avoiding penalties, and how Taxadora can help you fix things quickly and stay compliant.

What Is Modelo 210?

Modelo 210 is the tax form non-residents must use to declare:

  • Renta imputada (imputed income on personal-use property)
  • Rental income (from short- or long-term lets)
  • Capital gains (e.g., after selling property in Spain)

It’s filed annually for renta imputada and quarterly for rental income.

If you fail to file, or file incorrectly, Spain’s tax authority (AEAT) can impose interest, surcharges, and penalties — even if you didn’t owe much tax.

 

🧾 Common Mistakes in Modelo 210

Here are the most frequent errors we see:

  • Filing the wrong use type (e.g., declaring rental instead of imputed income)
  • Using the wrong cadastral value or outdated reference
  • Forgetting to convert foreign rental income into EUR using the official rate
  • Skipping co-owner declarations (each owner must file separately)
  • Not filing at all
  • Reporting on the wrong timeline (e.g., rental filed annually instead of quarterly)

Even minor mistakes can trigger a review by AEAT or delay property sales.

 

🛠️ How to Correct a Mistake in Modelo 210

If you’ve already submitted a Modelo 210 and realized it’s incorrect, you can file a request to amend it to fix the mistake. How to do this depends if you have paid too little or too much taxes.

 

🕒 What If You File Late?

Late filing is common — especially for non-residents who aren’t aware of Spanish deadlines.

Tax Type

Deadline

Renta Imputada

December 31 of following year

Rental Income

Yearly by 20th of January the following year.

Property Sale

4 months from sale date

If you miss the deadline, here’s what happens:

🧾 If You File Voluntarily (Before AEAT Notices)

  • Late surcharge of 1% + 1% per additional month (up to 12 months)
  • No penalty if filed voluntarily within 12 months

🚨 If AEAT Detects It Before You File

  • Minimum penalty of often €150–€300
  • Plus interest and late surcharges
  • May affect future property transactions or tax refunds

 

⚠️ Penalties for Not Filing or Filing Incorrectly

  • Surcharge of 5%, 10%, or 20% (depending on how late)
  • Fines starting often at €150
  • If underreporting income: 50%–150% of unpaid tax
  • Interest for late payment (legal interest rate + penalty interest)

AEAT shares information with:

  • Spanish property registries
  • Utility companies
  • Local councils (IBI)
  • Rental platforms like Airbnb, Booking.com

This allows them to cross-reference your usage and rental income.

 

✍️ Case Study: Swedish Couple Files Late

Anna and Lars, Swedish non-residents, forgot to file Modelo 210 for their Marbella home in 2023. In 2025, they want to sell the property.

The notary requests proof of Modelo 210 compliance. They:

  • File late returns for 2021–2023
  • Pay renta imputada with interest and late fees
  • Avoid higher penalties by filing voluntarily before AEAT contact

✅ Sale proceeds without delay thanks to late compliance

 

🔁 Can You Claim Refunds on Overpaid Modelo 210?

Yes. If you overpaid or filed the wrong use-type (e.g. paid rental rate on personal-use), you may be eligible for a refund.

How:

  • File a rectificación de autoliquidación (corrective return)
  • Submit written request for refund
  • Attach proof (e.g. no rental income, utility bills, or stays)
  • AEAT typically replies within 6-12 months

If denied, you can file an administrative appeal or go to tax court.

 

🔄 What If You Missed Multiple Years?

Taxadora regularly helps clients file Modelo 210 backdated returns for up to 4 years.

  • You can catch up without major penalties if you file voluntarily
  • AEAT statute of limitations is 4 years, but property sales or audits can trigger longer reviews

 

🧮 How Taxadora Helps

Don’t risk penalties or delays — let Taxadora:

✅ Review past filings for errors
✅ Prepare and file late or amended Modelo 210 returns
✅ Calculate surcharges and interest accurately
✅ Assist with refund claims or appeals
✅ Offer service in English, Dutch, German, French, and more

👉 Fix Modelo 210 mistakes with Taxadora

 

🙋 FAQ – Modelo 210 Errors and Corrections

Q: I forgot to file for a property I’ve never rented. Do I still need to file?
Yes — even personal-use homes require annual renta imputada filing via Modelo 210.

Q: Can I file for 2022 in 2025?
Yes — AEAT allows backdated filings within 5 years.

Q: What if I co-own with my spouse?
Each owner must file separate Modelo 210 returns for their share.

Q: I filed the wrong cadastral value — do I need to amend it?
Yes. Errors in valuation affect your tax owed and must be corrected we are happy to help you.

Q: I want to sell my property — will they check this?
Yes. Notaries will often require proof of Modelo 210 filing for prior years before signing. The tax agency also tends to check past taxes in relation to the sale.

 

Final Thoughts

Mistakes on Modelo 210 are common, but they can be corrected — and often with minimal penalties if you act fast. Whether you forgot to file, filed under the wrong category, or used incorrect values, correcting your returns now is far better than waiting for AEAT to catch the error.

At Taxadora, we specialize in non-resident tax filing and correction services. We’ll help you:

  • Fix errors quickly
  • Avoid fines
  • Stay in full compliance for future property sales or income

👉 Contact Taxadora to correct your Modelo 210 today

vilho

Article written by Vilho Heiskanen

Expert in international taxation for private individuals. He combines deep advisory experience with a passion for building technology that simplifies the complexities of Spanish tax compliance. As the founder of Taxadora, he’s on a mission to modernize cross-border taxation with smart, accessible solutions.

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