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On December 6, 2023, Royal Decree 1007/2023, dated December 5, 2023, was officially published in the Official State Gazette (BOE), which approves the Regulation aimed at establishing the essential requirements for computer or electronic systems and programs used in the invoicing processes of entrepreneurs and professionals. This regulation also addresses the standardization of the formats of the invoicing records.
The genesis of this regulation is to be found in the amendment of Article 29.2.j) of Law 58/2003, of December 17, 2003, General Tax Law, which was introduced by Law 11/2021, of July 9, on measures to prevent and combat tax fraud. Its main objective is to establish the parameters that the invoicing records generated by computer systems must follow to guarantee the integrity, conservation, accessibility, legibility, traceability and unalterability. This measure is intended to prevent practices such as the so-called 'dual-use software' or 'sales concealment software', phenomena observed in transactions aimed at end consumers. For this fundamental purpose, the Royal Decree defines an invoice register with a specific format and structure, integrating computer security elements such as chained hashes and electronic signature. These ensure that the register cannot be modified after its production without a record of such modification.
Colloquially known as the 'Verifactu Regulation', this regulation simplifies and optimizes compliance through the sending of invoicing records to the Tax Agency's electronic headquarters at the same time they are generated.
In addition to strengthening the fight against fraud and tax evasion, these systems will promote business digitalization and improve the assistance services offered by the Tax Agency to taxpayers. Those using 'Verifactu' systems with data sending will have the possibility of downloading operations, facilitating the preparation of tax record books and tax forms.
The regulation will apply to all business operations, with the exception of those subject to the Immediate Supply of Information (SII) or those without invoicing obligations. As regards its territorial scope, it will be implemented throughout Spain, except for the territories with a foral tax regime. In the Historical Territories of Vizcaya, Guipúzcoa and Álava, similar systems called 'Ticket Bai' are applied.
It should be noted that in this new system, customers will be able to verify the fiscal quality of the simplified invoices received through the Tax Agency's website.
The next phase will include a ministerial order for technical development, imposing on software developers the obligation to conform to its provisions within a maximum period of 9 months. They will also have to incorporate a "responsible declaration" of compliance with these regulations into their products.
Companies and self-employed workers have until July 1, 2025 to adapt to the regulations. SMEs and the self-employed are expected to be able to use the Digital Kit of the Recovery, Transformation and Resilience Plan to finance the necessary software modifications.
Finally, it is crucial to note that this regulation is compatible with the Draft Regulation on B2B electronic invoicing, currently being processed by the Ministry of Economy, Trade and Enterprise in collaboration with the Tax Agency. Business IT systems will have to be comprehensively adapted to both modifications, using a single data model based on mandatory invoice mentions and payment means and deadlines.
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