The new create and grow law, establishes the mandatory invoice between companies and freelancers.
-Companies that invoice more than 8M€ and 3 years for the rest of companies, after its publication at the BOE.
-It has to guarantee the authenticity of origin: through e-mail, provider e-mail, supplier’s portal and audits.
-Integrity of the content.
– With faceB2B and supplier’s portal, guarantee through electronic signature.
– Through e-mail, and OCR with stamp.
-UBL invoice, you have to do it with pdf, and has to contain electronic signature.
Main points of the create and grow law
- Businessmen and professionals, are forced to make invoices and a copy of them.
- Simplified invoices, they may be made when a rectification has to be made and when the amount does not exceed 400€ VAT included.
- Businessmen and professionals can do a simplified invoices with its copy for no superior amount of 3.000€.
- Invoice content
- Number and serial number, with correlative numeration.
- Date of expedition.
- Fiscal identification number.
- Home, of the expeditor and the addressee of the operations.
- Description of the operations, with VAT disclosed. It has to include the unitary price of all the operations and discounts.
- Date and tax rate.
5. Simplified invoice content
- Number inside a correlative series. (The corrective ones can be in a different series).
- Expedition date.
- Date in which the operations have been effectuated or received and anticipated the payment.
- Fiscal number identification, with name and surname, name or full company name.
- Identification of the type of goods delivered or services done.
- Applied tax rate and or also the expression VAT included.
- Total consideration.
6. Electronic invoice
The expedition of the electronic invoice is conditioned to its addressee has done its consent. Its integrity has to guarantee through routine management controls.
7. Invoice delivery time
The invoices have to be issued at the moment in which you have to do its operation. If the addressee it’s a businessmen, they have to be issued before the 16th of every month
8. Currency and language
Amount of the invoices with every currency, as long as the tax appears in €.
They can be done in every language, but the professionals can demand a translation.
9. Summary invoices
Issued no later than the last day of the calendar month in which the operations represented were carried out. If the addressee is a businessmen, he has to realize that before the 16th of the next month the operations are being made.
10. Corrective invoices
The rectification of an invoice, it is done with an issuance of a new invoice, with the identified dates of the identified invoice. You can do a rectification of various invoices in only one document.
If it’s a simplified invoice, they have to identify the dates of the amount of the rectification and how they remain after the rectification made.
11. Remittance of the invoices
The originals of the issued invoices will have to be send by those obliged to issue them or, on their behalf, the recipients of the operations documented in them.
The obligation of the invoices remission has to be accomplished at the moment in which the expedition or when the addressee is a businessmen or professional, before the 16th of every month.
12. Keeping invoices
They have to preserve the invoices received, copies or matrices of invoices issued, accounting receipts, received (original, copy). They can be preserved in paper or electronic format, as long as the origin can be guaranteed. If it’s done electronically, the tax agency must be easily accessible with a request without delay. If you want to store this information outside of Spain, you must notify the tax agency in advance.
13. Controversies that may arise with the issuance, remittance and rectification of invoices referred to the regulation will be considered of a tax nature, for the purposes of economic- administrative claims.
14. In the event that the client invoices in the Canary Islands, the management regulations of the general indirect Canary tax must be followed, which comments on how the invoices that document the operations subject to tax must be, as well as the requirements of the authorization.