Mandatory electronic billing 2025

The news of the obligation of electronic invoices for all companies has raised many doubts about its application. In this article we are going to try to clarify when electronic invoices will be mandatory, where it is regulated and what program to use to issue them.

What is the electronic bill?

The electronic invoice has the same effects as a conventional paper invoice but is issued in electronic format.

Electronic billing is the digitization of invoices that are sent to customers to collect payments for products or services provided to customers. It serves, like conventional ones, to justify the commercial operations carried out.

Although it has the same legal effects as conventional invoices, its issuance is subject to the consent of the recipient, something that makes them different.

There are two types of electronic invoices:

Structured. In this type of invoices, the data is generated automatically by the billing programs.
Unstructured. These invoices are usually issued in PDF format, although they can also be scanned in paper.

Regulation of electronic invoices

The main regulation that regulates electronic invoices is Royal Decree 1619/2012, of November 30 , which includes the data that must be included in invoices.

Regarding the implementation of electronic invoices on a mandatory basis for everyone, all the details are found in Royal Decree 1007/2023 of December 5.

When will the electronic invoice be mandatory?

The obligation to make electronic invoices will be applied in several phases.

Firstly, there has been a transition stage in which only businesses with more than eight million euros in turnover per year have had a period of 1 year (until October 2023) to implement this type of invoices.

Starting in the second half of 2023, it began to be applied to other companies, SMEs and the self-employed with a turnover of less than eight million euros. These will have a period of two more years to adapt and apply electronic invoicing.

The fourth final provision of Royal Decree 1007/2023 of December 5 establishes that computer systems adapted to the characteristics and requirements established in the aforementioned regulation and its implementing regulations must be operational before July 1, 2025:

Those obliged to pay Corporate Tax.
Taxpayers of Personal Income Tax who carry out economic activities.
Income Tax taxpayers who obtain income through a permanent establishment.
Entities under the income attribution regime that carry out economic activities.

Sanctions

In any case, the recommendation for self-employed workers and SMEs is to implement this billing system as soon as possible. The sanctions for not doing so when the obligation comes into force will range from 10,000 to 40,000 euros.

Electronic invoice requirements

The aforementioned Royal Decree establishes compliance with certain requirements that guarantee the legibility, authenticity and integrity of invoices:

Document readability. This requirement is facilitated by the computer program with which it is created or received.
Authenticity and integrity. They can be guaranteed through different methods, such as electronic signature.

Other specific requirements will be required:

That are issued through a Tax Agency billing program or certified software.
Include an identifying alphanumeric code and a QR code.
That they be issued in a format accessible to the recipients.
Include the phrase”Verifiable invoice at the AEAT electronic headquarters” or”VeriFactu”, which guarantees that all tax obligations are met.

What software to use for electronic invoice

The software that can be used to issue electronic invoices must meet certain fundamental points:

Be able to issue invoices in XML format, following the established style guides and integrating the digital signature with electronic certificate validity.
Allow access, viewing, downloading and printing of the electronic invoice for recipients. This means that you must be able to access it with a security key and be able to maintain access to electronic invoices for a minimum period of four years.
Work from the cloud and allow control of the entire billing process, being able to access client invoices at any time and place.

You can choose the economical option of a manual online management program or platforms integrated with the company’s ERP, which automatically send invoices and it is not necessary to invest a lot of time in it.

For an electronic invoice to have the same value as a paper invoice, the consent of the recipient must be obtained and the legibility of the invoice must be guaranteed. The authenticity of the origin of the invoice is guaranteed and the integrity of the content is guaranteed.

There are some free software options that allow you to make electronic invoices. In addition, the Tax Agency will make a public Treasury solution available to self-employed workers and SMEs who do not want to contract a private billing program, an open platform where they can register for free and issue or receive their invoices by electronic means in compliance with the legislation..

If they choose to use their own software, the regulation establishes the obligation to make their electronic invoice entry point public in all their communications with other companies and professionals and, where appropriate, on their website. If you do not identify yourself, it will be understood that your entry point is the public billing solution that the Treasury is going to implement. In summary, the electronic invoice will be mandatory depending on the type of company in different phases, the last of which will be in 2025. You can choose a billing program that meets the requirements or the solution provided by the Tax Agency.

Further information

This article is part of our service Business consulting. Visit this section where you will find all the useful information on this topic, including a complete guide on How to start a business in Spain as a foreigner.

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