Last September 29, 2022, Law 18/2022, of September 28, on the creation and growth of companies, was published in the BOE, which, among other measures, approved the use of electronic invoices as mandatory for all companies and self-employed individuals in their commercial relations.
This law establishes the following obligations:
1. Obligation for all companies and self-employed individuals to issue and send electronic invoices in their commercial relationships.
2. The electronic invoice must continue to comply with what is required in the specific regulations on invoicing.
3. Companies and self-employed individuals must give access to the necessary programs to allow the recipients of the invoices to be able to read, copy, download and print them, free of charge and without having to go to other sources or providers for this.
4. Access must be given to consult electronic invoices for the last four years. This access is regulated as a right of the recipient of the invoices, which applies even in cases of termination of the contract or when the recipient has expressed his will not to receive an electronic invoice.
5. The recipient of the invoice cannot compel its issuer to use a predetermined electronic invoicing solution, platform or service provider.
6. It is anticipated that failure to comply with these obligations will constitute an administrative offence punishable by a fine of up to 10,000 euros.
The entry into force of the obligation of electronic invoicing between employers and professionals will produce effects in the year of approval of the regulatory development for employers and professionals whose annual turnover is greater than eight million euros, and for the rest of the employers and professionals it will produce effects two years after approving the regulatory development.
We are waiting for the publication of the electronic invoicing regulation to determine on which specific date this obligation will take effect.
