In the post “Electronic invoicing in Spain, getting closer” we introduced the Crea y Crece Law. Today we will dig a little deeper to find out what obligations companies and the self-employed have.
In Spain, we already had a consolidated implementation of electronic invoicing between companies and public administration (B2G) thanks to FACe, but with the publication of the Crea y Crece Law, as mentioned in its Article 12, will promote the widespread adoption of the electronic invoicing, extending the obligation to issue and send electronic invoices to all entrepreneurs and professionals in their business relations.
Here is a summary of the most relevant points of the new legal framework:
General Issues
- All entrepreneurs and professionals must issue, send and receive electronic invoices in their business relations with other entrepreneurs and professionals.
- Businesses providing services must issue and send electronic invoices in their relations with private individuals who agree to receive them (some exceptions apply).
Technology Platforms and Solutions
- The technological solutions offered by companies providing electronic invoicing services to entrepreneurs and professionals must guarantee their interconnection and interoperability.
Sender and receiver of invoices
- The recipient and the issuer of electronic invoices shall provide information on the status of the invoice.
- For a period of four years from the issuance of electronic invoices, recipients may request a copy of these at no additional cost, even if there is no longer a contract between the companies.
- The invoice recipient may not oblige the invoice issuer to use a pre-determined e-invoicing solution, platform or service provider.
- They should provide simple and free-of-charge procedures for users to revoke their consent to receive e-invoices at any time.
Sanctions
- Companies that, although obliged to do so, do not offer users the possibility of receiving electronic invoices or do not allow access to their invoices to persons who are no longer customers, will be sanctioned with a warning or a fine of up to 10,000 euros.
Entry into force
Article 12, which regulates electronic invoicing, will be implemented in two phases, depending on the company’s invoicing:
- Companies and self-employed with an annual turnover of more than 8 million euros: one year from the approval of the Law (expected in March 2023).
- Rest of companies: obligation to apply this measure within two years of the approval of the Law.
It is worth noting that many companies may see this new regulation as a great opportunity to optimise their processes. The mandatory and standardised use of electronic invoicing will allow a greater degree of automation in invoice management.
Invictia is the solution for 100% integration of electronic invoices in SAP, both issued and received.
At Brait, we have more than 15 years of experience in e-invoicing and process automation, so we can help you take steps to ensure that technology is not a constraint, but an ally to help you stand out in the market, save costs and become more competitive. If you think we can help you, please do not hesitate to contact us. We will guide you through the whole process from the very beginning, and we will embark together on the path to digitalisation of your business.
