What is electronic invoicing?
The electronic invoice is a digital document that has the same legal validity as a paper invoice, but is issued and received in electronic format. Its aim is to facilitate business management, improve traceability and reduce late payment in commercial transactions.
Law 18/2022, on the creation and growth of companies (Crea y Crece Law) establishes that electronic invoicing is mandatory in relations between entrepreneurs and professionals (2B2). This means that both companies and the self-employed must issue electronic invoices in their commercial transactions.
Section 17 of this law, which regulates the obligatory nature of electronic invoicing, is not yet in force, and will begin to be applied within one year of its regulatory development, which has not yet taken place.
What is the Anti-Fraud Law?
Law 11/2021, on measures to prevent and combat tax fraud, aims to strengthen tax control and prevent tax evasion by promoting transparency and traceability in accounting and invoicing systems.
Main measures:
- Prohibition of dual-use software (programs that allow hidden or parallel accounting).
- New technical obligations for billing systems: they must ensure the integrity, traceability and unalterability of records.
- Reduced use of cash: limit on cash payments between professionals and businesses reduced to €1,000.
- Verifactu: system promoted by the State Tax Administration Agency to electronically record invoices as soon as they are issued.
What is the Verifactu System?
Verifactu is a system promoted by the Tax Agency with the aim of combating tax fraud and promoting digitalisation in the accounting of companies and the self-employed. It guarantees that invoices are reliable and difficult to manipulate, ensuring their integrity and traceability.
The use of the Verficatu System is, in principle, optional and voluntary for self-employed persons and companies. They are not obliged to adapt it, although they may do so if they wish. On the other hand, the obligation to incorporate Verifactu falls to the developers of electronic invoicing programs, who must adapt their programs to ensure compatibility with this system, even allowing invoices to be sent automatically to the Tax Authorities if the taxpayer so wishes.
Differences between invoicing regulations
| Anti-Fraud Law | Crea y Crece Act | |
| Obligation | If you use invoicing software, it must be adapted to generate a digital record of each invoice. | Electronic Invoicing becomes mandatory for companies and professionals |
| Target | Avoiding tax fraud | Avoiding late payments |
| Scope | Companies issuing invoices and using a SIF (except SII and Floral Regime).
SIF manufacturers and traders |
Companies carrying out transactions with other companies or professionals in Spanish territory |
| Sanctions | Companies: up to €50,000 per financial year.
Manufacturers and traders: €150,000 per financial year |
Companies: up to €10,000 |
Who is obliged to issue electronic invoices?
Law 18/2022, on the creation and growth of companies (Crea y Crece Law) establishes the mandatory use of electronic invoices in relations between entrepreneurs and professionals (B2B). This means that once it comes into force, both companies and freelancers will have to issue electronic invoices in their commercial transactions. The obligation to issue electronic invoices does not apply to transactions with final consumers (B2C). Therefore, sales to private individuals are excluded from this regulation, at least in this initial phase.
Who is obliged to adapt their invoicing software?
All natural or legal persons carrying out an economic activity must use computerised invoicing systems that comply with the requirements set out in the regulation.
Manufacturers, marketers and distributors of invoicing or accounting software are also obliged.
Those obliged to issue invoices in accordance with the provisions of the VAT invoicing regulation.
When does the Anti-Fraud Law enter into force?
Adaptation of the invoicing software:
- Corporate taxpayers: Before 1 January 2026.
- Other companies and self-employed: Before 1 July 2026.
When does the Crea y Crece Act come into force?
Implementation of electronic invoicing:
- Companies with a turnover of more than 8 million euros: 1 year from the publication of the regulation.
- Other companies and professionals: 2 years from the publication of the regulation.
How to adapt?
In order to comply with this regulation, companies and professionals must:
- Review or implement billing software for compliance with the Anti-Fraud Act.
- Ensure that the billing system has the Verifactu System integrated by 1 January 2026.
- Train the team on changes to the invoicing software.
- Start using invoicing software before 1 January 2026 for corporate taxpayers and 1 July 2026 for all other companies and self-employed.
Is it possible to continue to keep accounts on a spreadsheet?
No, keeping accounts with a simple spreadsheet would be in breach of the principles of the Anti-Fraud Law.
Conclusion
The adoption of mandatory electronic invoicing represents an important step towards the digitalisation and modernisation of the business environment in Spain. It is essential that companies and professionals inform themselves and adapt their invoicing systems to comply with the new legal obligations and avoid possible penalties.
Both laws are part of a broader strategy of economic modernisation and digitalisation in Spain.
The Anti-Fraud Law focuses on fiscal control and accounting transparency.
The Crea y Crece Act promotes the simplification and traceability of invoices.
Recommendation: Companies and professionals should review their accounting systems and adapt to the new requirements to avoid penalties and take advantage of the benefits of digitalisation.
