The electronic invoice: rights and obligations

Docuten, the company specializing in digitization and automation of the entire cycle of business documents, tells us what types of companies are required to use electronic invoicing. Knowing these aspects is important when it has already been approved the Law Creates and Growswhich will enter into force in a few months in our country.

At this time, although the obligation to issue electronic invoices between companies and the self-employed is of a volunteerin relations with public administrations, its mandatory nature began in 2015.

However, the new Create and Grow Law imposes the obligation to invoice electronically in their transactions to all companies and freelancers. This fact is reflected in article 12 which says, verbatim, “All companies and freelancers must issue and send electronic invoices in their commercial relations with other companies and freelancers”.

In this way, the law modifies the rules on who is obliged to issue electronic invoices; although although it has been approved in the Senate and ratified in Congress, it will not be definitively approved until its subsequent publication in the BOE, entering into force 20 days after its publication.

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The Create and Grow Law establishes two deadlines to benefit from this obligation and this period varies depending on the turnover of the companies. Thus, those companies and freelancers with an annual turnover of more than 8 million euros They will have the obligation to apply this measure within a year from the publication of the Law in the BOE. For all those companies whose turnover does not reach this amount, they will have a period of three years from the publication of the Law in the BOE.

Regarding the technological requirements, companies must have an electronic invoicing program for their management; and not only around the issuance of electronic invoicing, but also in its reception. Electronic invoicing has the following characteristics:

  • Contents: the content of an electronic invoice must be the same as that of a physical invoice, according to the billing regulations (ie Royal Decree 1619/2012, of November 30).
  • Access: companies and freelancers must provide access to recipients to be able to view, download and print invoices for free.
  • Weather: maintain said access for electronic invoices issued in the last 4 years, even when the contractual relationship is dissolved.

Currently, SMEs and freelancers can enjoy a electronic invoice solution through Digital Kit or through non-subsidized direct contracting.

as it points Daniel CerqueiroBusiness Director at Docuten, “it is key for SMEs to go hand in hand with a solvent partner in this regard. The obligation to store electronic invoices for up to 4 years, even when the company has been dissolved, makes it necessary to have a trusted supplier that complies with all EU legal regulations”.

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