On October 29, the Order HAC/1177/2024, of October 17, entered into force. This Order develops the technical, functional, and content specifications outlined in the Regulation of the Anti-Tax Fraud Law, approved by Royal Decree 1007/2023, which came into effect on December 7, 2023.
The objective of this Order is to detail the technical, functional, and content aspects included in the Regulation of the Anti-Tax Fraud Law, which sets the requirements that the billing systems of companies and professionals must adopt, as well as standardizing the formats for billing records.
Among the most relevant aspects, the Order distinguishes between the requirements for systems labeled as “Veri*factu” and those that are not. In addition, the legal text regulates the characteristics of the software application to be developed by the Tax Agency, which will be made available for free to taxpayers. Finally, the annex of the regulation specifies the structure, content, and format of the billing records files.
VERIFACTU is an initiative by the Tax Agency aimed at promoting the digitalization and automation of business and professional tax compliance. It affects companies and self-employed individuals who use software applications to generate invoices, as they must create a billing record at the time of issuing an invoice. This is regulated under the Regulation approved by Royal Decree 1007/2023, dated December 5.
What are its characteristics?
The software applications must include a statement of responsibility confirming compliance with the provisions of the Ministerial Order:
- Generate a billing record for each issued or corrected invoice.
- Ensure the integrity, preservation, accessibility, legibility, and immutability of the billing records.
- Optionally, allow the automatic submission of each billing record to the Tax Agency (VERIFACTU SYSTEM), recommended by the Tax Agency and ensuring compliance with the above requirements.
- If automatic submission is not chosen (NON-VERIFACTU SYSTEM), billing records must be securely stored. The Tax Agency may request a copy to verify compliance with the established requirements.
When will the new system be mandatory?
- July 1, 2025: Deadline for affected parties to adapt their billing systems according to the specifications and requirements of the Regulation, as per the Final Provision 4th of Royal Decree 1007/2023.
- 9-month deadline from the entry into force of the Ministerial Order: Deadline for software developers to adapt their programs to the Regulation. However, there is consideration for delaying the entry into force until 2026.
Who is affected by VERIFACTU?
All companies, entities, and professionals who are required to issue invoices and who are not covered by the Immediate Supply of Information (SII), such as large companies and those registered in the VAT Monthly Refund Register (REDEME), among others.
What is its territorial scope?
It applies throughout Spain, except for the tax regimes of the Foral Community of Navarra and the Basque Country.
Identification of VeriFactu invoices
- QR Code: Veri*factu invoices must include a QR code with identifying information.
- Reference to the Veri*factu system: Invoices must expressly indicate that they have been generated through a verifiable invoicing system with the expression “Veri*factu.”
- Information submission to the Tax Agency: The QR code will allow information to be sent to the Tax Agency via a reading device.
- Event registration: A record of each invoice and its related events must be kept for backup.
What advantages does the VeriFactu system provide?
- Builds customer trust by ensuring compliance with tax obligations and transparency.
- Facilitates accounting records and, in the future, the completion of tax declarations, integrating into digitalization processes.
What are the consequences of non-compliance?
- For developers: A fixed financial penalty of 150,000 euros for the manufacture, production, and commercialization of invoicing systems that do not comply with the specifications of the Regulation. This fine will apply for each fiscal year in which sales occurred and for each different type of system or program involved.
