As commented in past entries, the so called "Verifactu Ordinance" (Royal Decree 1007/2023 of 5 December), introduced the obligation for companies and entrepreneurs (among others, Spanish branches and permanent establishments of non-resident companies eligible for the Non Residents Income tax) to adapt their invoicing software to the technical standards it regulated, namely, generation of traceable invoicing records  accessible by the tax authorities under demand, unless the company opts for the ...

This article offers a practical overview of the issues which may specially affect those Spanish entities appertaining to multinational groups within the scope of the obligations resulting from VeriFactu, when using centralized invoicing solutions, as well as to propose alternatives to ensure compliance.   I. When does a multinational need to comply with VeriFactu?   Multinational companies operating in Spain often face the challenge of aligning group-wide billing systems with highly specific loc...

As the deadline approaches for the filing of form 361 by those non-EU business applying for the refund of the Spanish VAT the may have incurred during the previous year on occasion of their operative in Spain, it seems timely to revisit a persistent problem in this area: the requirement of reciprocity by article 119bis of the Spanish VAT Act, that transposes the special VAT refund procedure regulated in the Council Directive 86/560 EEC (Thirteenth Directive).   The legal framework   When regulat...

While the VIDA is still to be fully implemented and trasposed, and besides having to digest the changes and their practical consequences, the companies are now invited to elaborate about a notional “post-VIDA” scenario where,again, the VAT Gap mantra is central.Without denying the importance of this imacroeconomic issue, I find the interests of the taxpayers to be completely forgotten, apart from the assumption that, as a colateral, the VIDA will result in an easier management of their VAT compl...

A final draft of the ,so called, “Ley Crea y Crece Ordinance” (the Ordinance) has been published at the website of the Ministry of Economy, Commerce and Enterprise, for a public allegations period ending the 7th of April 2025.   Once the allegation period is over the Ordinance will have to be approved by the Ministers’ Council for its subsequent publication at the official Gazette, to be followed by the Ministerial Order that is to regulate the public e-invoicing solution it regulates (the Minis...

Royal Decree 1305/2024, of December 23, approving the Regulation of the penalty procedure for non-compliance with Intrastat obligations has been published on January 29, 2025, and has entered into force on February 1, 2025.   As a result of these new rules, the penalties can range between 150 € and 6.000 € per Intrastat return, with the possibility of a 50% reduction in case of acceptance and prompt payment (according to the previous regime the penalties ranged between 60,10 € and 30.050,62 €, w...