A new Invoicing Regulation (Royal Decree 1619/2012, of 30 November, that implements EU Directive 2010/45) is in force in Spain from 1st January 2013.
Obligation to issue an invoice:
The cases where an invoice must be issued remain essentially unchanged. The main amendment refers to:
There is no obligation to issue invoices in certain supplies of financial and insurance services except where they are deemed supplied in the Spanish VAT territory or in another member state and they are not exempt from VAT.
Kind of invoices:
There are now two kinds of invoices: complete invoice and simplified invoice.
The current receipts have been replaced with SIMPLIFIED INVOICES which may be issued, at the choice of the party required to issue them (with certain exceptions), in the following cases:
1) Where it is an amended invoice.
2) Where the amount of the invoice is not higher than 400 Euros (VAT included).
3) In the same situations in which the former Invoicing Regulation allowed to issue tickets. Companies may issue simplified invoices if their amount does not exceed 3.000,00 Euros (VAT included) for the following transactions:
- Retail sales, including those made by manufacturers or producers of delivered products.
- Ambulance sales and services.
- Sales or services at the consumer’s premises.
- Transport of persons and their luggage.
- Hotel and catering services provided at restaurants, bars, cafes, etc. as well as the supply of beverages and foods for immediate consumption.
- Services provided by dance halls and discotheques.
- Telephone services provided by public telephone booths.
- Hairdressing services and services provided by beauty salons.
- Use of sports facilities.
- Developing of photographs and services provided by photography studios.
- Parking of vehicles.
- Film rental.
- Dry cleaning and laundry services.
- Use of toll motorways.
Content of simplified invoices:
This has not changed too much from the one required for former tickets, however please notice those requirements underlined where you may find some differences from previous regimen:
- Number and serial number, if applicable. The numbering of simplified invoices within a series shall be sequential.
- Issuance date.
- Date when the documented transactions have taken place or, if applicable, when the advance payment has been received, provided that it is a different date to that of the invoice’s issuance date.
- Tax Identification Number as well as full company name of the seller.
- Identification of the type of goods or services supplied.
- Applicable tax rate and optionally, the expression “VAT included”.
- When a simplified invoice includes several items taxed under different rates, it should include separately total amount taxed under each different rate.
- Total amount.
Simplified invoices, unlike receipts, may entitle clients to deduct the VAT paid. If the client requires it, the simplified invoice shall also include separately the tax amount paid as well as Tax Identification Number and address of the client in order he may use it for any tax purpose.
In the case of amending invoices, the simplified invoice should also express reference of the amended invoice as well as the items modified.
Complete invoices must contain same requirements than previously, however the Royal Decree emphasizes obligation to include any of the following mentions when applicable:
- Where the customer receiving a supply issues the invoice instead of the supplier: “Self-billing” (“facturación por el destinatario”).
- Where the taxpayer is the recipient of the transaction: “Reverse charge” (“inversión del sujeto pasivo”).
- “Margin scheme – Travel agents” (“régimen especial de las agencias de viajes”).
- “Margin scheme – Second-hand goods (“régimen especial de los bienes usados”).
- “Margin scheme – Works of art” (“régimen especial de los objetos de arte”).
- “Margin Scheme – Collector’s items and antiques” (“régimen especial de las antigüedades y objetos de colección”).
The same treatment is given to electronic and paper invoices, to reduce costs and make companies more competitive.
In any case, paper or electronic invoices shall show the reality of the transactions and the taxable person shall guarantee this certainty during its full validity, without these imposing new administrative burdens, by means of the usual management or audit controls of their business or professional activities.
With this new regimen it is possible to send electronic invoices without being subject to the use of a specific technology. However it is still necessary to be able to prove that the client agrees with invoices received electronically instead of paper invoices.
However, in order to guarantee the legal security of taxable persons already using electronic data interchange (EDI) and advanced electronic signatures, this Regulation expressly acknowledges that these technologies, which are no longer mandatory, guarantee the authenticity of the origin and the completeness of the content of electronic invoices.
Time for issuing invoices:
Invoices shall be issued at the moment when the transaction is made.
However, if the recipient is a company, invoices may be issued before the sixteenth day of the month following that in which the VAT was accrued.