Certified invoicing software (Veri*factu Ordinance) 

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Royal Decree 1007/2023, of 5 December, approves the Ordinance that regulates the technical requirements of the invoicing software that is to be used by companies (commonly known as the “Veri*factu Ordinance”).

Companies within the subjective scope of the Veri*factu Ordinance will be obliged to use invoicing software that meets its technical specifications by 1st July 2025.

 

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However, due to the delay in the publication of the Ministerial Order that develops the required technical standards (Ministerial Order HAC/1177/2024, of 17 October, published in the Official Gazette of 28 October 2024 and in force since the 29th of October), the timing is likely to be postponed until 2026.

Also, unless extended, developers and marketers of invoicing software are granted 9 months since the coming into force of said Ministerial Order to adapt the same to the new specifications.

Subjective scope

The obligation to use a compliant invoicing software extend to all companies which conduct an economic activity in Spain, if any of the following circumstances occur:

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  • They are subject to the Corporate tax or Personal Income tax.
  • In case of non-resident companies, when they operate through a permanent establishment in Spain that is subject to the Non-Resident Income tax.
  • As a result, those non-resident companies which only have a permanent establishment for VAT purposes, but not for Non-Resident Income tax, will not be obliged to comply with the Veri*factu Ordinance.

SII vs Veri*factu

Any company which is oblige to file SII reports – either because they meet the conditions that trigger such obligation or because they have opted for its voluntary application – will not be obliged to comply with the Veri*factu Ordinance.

Objective scope and excluded transactions

Unless excluded, all the transactions incurred by any company within the subjective scope of the Veri*factu Ordinance must be documented with an invoice generated with an invoicing software which complies with its specifications.

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  • As an exception, this obligation does not extend to:
  • Those eligible for the special VAT regime for agriculture, which are documented with a receipt.
    Those eligible for the special VAT regime of equivalence surcharge.
  • Those eligible for the special VAT simplification regime, except when the VAT quota determinations is based in the turnover.
  • Those authorized by the tax authorities.
  • Those carried out though a permanent establishment in a foreign country.
  • Some energy supplies.

Possible alternatives to comply with the Veri*factu Ordinance

Companies within the subjective scope of the Veri*factu Ordinance will have the following options so to be compliant with the same:

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– The public invoicing application: Using the public invoicing software that is to be developed by the State Tax Administration Agency (AEAT).

– A private invoicing software: Using a private invoicing software that complies with the technical requirements of the Veri*factu Ordinance. This software can be:

  • Developed internally by the company (or entrepreneur) for its own use.
  • Developed by a third company to be used by different companies.

– A self-invoice agreement: Subscribing to an agreement for the invoices to be issued on behalf of the company by a third party which is the one to use a compliant invoicing software. This third party can be either a service provider or the client.

Technical standards for an invoicing software to be compliant with the Veri*factu Ordinance

The Veri*factu Ordinance requires that the invoicing software that is used by obliged companies meets the following standards:
Features of the entries to the obligatory invoicing registers:

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The invoicing software must guarantee that the entries at the required invoicing registers meet the following conditions:

  • Integrity.
  • Conservation.
  • Accessibility.
  • Legibility.
  • Traceability.
  • Inalterability.

Obligatory invoicing registers:

The invoicing software must be capable of automatically generate, simultaneously or immediately before the issuing of the invoice:
A register of issued invoices, to reflect the invoices generated by the system, with the following contains:

  • Data of the obliged to issue the invoice (or of the issuer if a third party) and the recipient of the invoice (name, address, tax number number).
  • Data of the invoice (number and series, issuing date at date of the taxable event, if different, invoice type, concept, total amount, VAT regime, VAT data.
  • Data of the previous invoice (if not the first entry) and its “hash”.
  • Time stamping for the moment that the entry is generated.
  • Any additional data as may be applicable as to determine the circumstances giving rise to the entry.
  • Identification of the invoicing software that generates the entry and its features.

A register of annulations, to reflect the annulation of invoices having been issued by error, which besides the abovementioned contains must identify the invoice that is annulated.

All the amounts are to be given in Euros (so, in case that the invoice was in another currency its amount t needs to be converted by the system).

The system must add a digital print or “hash” to all the entries, which must also be digitally signed.

E-reporting capability:

The invoicing software must be able to report electronically to the tax authorities all the entries generated to the obligatory registers in a continuous, secure, accurate, automatic, consecutive, instantaneous, and trustworthy way.

Conservation of registers:

The obligatory registers must be maintained during the lapsing period foreseen in the General Tax Law and be accessible and legible. They must also have a procedure for the downloading and secure storage of all the entries, allowing them to be exported in a legible electronic format to an external storage system.

Log of incidences:

The system must keep an accessible automatic real time register of internal events and incidences.

Dissociation of tax and confidential data:

The access by to relevant tax data, accessible by tax authorities, and confidential data not being tax transcendent must be dissociated.

Responsible declaration

There is not obligation for the invoicing software to be formally homologated.
Instead, it is up to the software developer to certify by means of a, so called, “responsible declaration” (“declaración responsable”), to be inserted in a legible form within the invoicing software that is complies with the required standards of the Veri*factu Ordinance.

Specialties of invoicing systems qualifying as “Veri*factu”

Under certain conditions, an invoicing software would be allowed to include the mention “Verifiable system” or “Veri*factu system” (“Sistema verificable” o “Sistema Veri*factu”) and be excluded from some of the requirements regulated in the Ordinance.

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This would be the case of:

  • The public invoicing software that is to be developed by the State Tax Administration Agency (AEAT) to be placed at the disposal of the companies (and entrepreneurs).
  • Any compliant private invoicing software which reports electronically in a real time basis all the entries to the registers of issued invoices and annulations at the site of the Spanish Tax Agency, in a continuous, secure, accurate, automatic, consecutive, instantaneous and trustworthy way.

A “Veri*factu system” is excluded from complying with the following technical requisites:

  • The tax authorities cannot request a copy of the invoicing registers.
  • The entries to the registers need not to be electronically signed.

Special references to include in the invoices when issued with a compliant invoicing software

The Veri*factu Ordinance modifies the Invoicing Ordinance so to include specific mentions for the case that the invoice is issued with a compliant invoicing software.

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The mentions to include are:

  • When in paper version or in non-structured electronic version (image), the invoice must include a “QR” code representing the partial contains of the invoice, that meets the specifications of the developing Ministerial Order. In case of structured e-invoices this code is substituted by the URL contained in the QR.
  • Regardless of being in paper or in electronic version, when applicable, the invoice must include the mention “Sistema verificable” o “Sistema Veri*factu” (“Verifiable system” or “Veri*factu system”).

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