TicketBAI & VeriFactu: Legal obligations and who is affected
Are you wondering what fiscalization requirements in Spain are relevant to you and how to stay compliant? In this blog article, we explain the legal obligations around TicketBAI and Veri*factu and who is affected by them.
Fiscalization in Spain
In general, fiscalization aims to record all POS transactions while protecting them from manipulation, and archiving them. The tax office receives a complete sales tax statement as a result.
In the Basque Country provinces Araba, Gipuzkoa, and Bizkaia fiscalization requirements will be regulated through TicketBAI, which takes effect between 2021 and 2024. In the remaining regions of Spain, fiscalization requirements must be met with Veri*factu software, scheduled for 2024.
TicketBAI
TicketBAI (or TBAI) is a software-based fiscalization system that is being implemented in the Basque Country between 2021 and 2024 and enforces fiscalization requirements. In Bizkaia, TicketBAI is part of the larger control strategy BATUZ.
Legal obligations
To comply with the legal requirements for TicketBAI, the taxpayer must have an internet connection, a billing software or program, and a digital certificate. This allows for the electronic generation of XML files, their submission to tax authorities, and the addition of identifier codes and QR codes to invoices.
Those affected by TicketBAI must use billing- or POS software that protects invoices from manipulation or deletion. If you have a legal address in the Basque Country and issue invoices or sales receipts, or if you sell software to Basque-based companies, TicketBAI will apply to you.
Who is affected by TicketBAI?
TicketBAI is relevant to all natural and legal persons and entities who conduct economic activities within the Basque Tax Administration's jurisdiction related to personal or corporate income tax.
In accordance with the Economic Agreement established with the Autonomous Community of the Basque Country (Law 12/2012, of May 23), this applies to those who issue invoices or sales receipts and have a legal address in the Basque Country.
VeriFactu
For the remaining regions of Spain, fiscalization requirements will have to be complied with using Veri*factu software, which is planned to be implemented in 2024. VeriFactu systems are invoicing softwares that comply with the requirements of the Spanish Anti-Fraud Law (Law 11/2021, of July 9) and communicate in real-time with the Spanish Tax Authority.
Legal obligations
The exact legal obligations concerning Veri*factu are yet to be defined, but it is expected that Veri*factu softwares will have to be in place by July 2024.
While technical specifications have not yet been released, the draft legislation mandates that invoices must contain a QR code and the term "Veri*factu" or "Factura verificable en la sede automática de la AEAT" (invoice verifiable in the AEAT - National Tax Agency). Currently, sending the registries to the tax authority is voluntary, but the software must have the capability to do so upon request, such as during an audit.
Who is affected by VeriFactu?
VeriFactu compliance will be mandatory for companies and the self-employed across the entire Spanish territory and will be compatible with the specific TicketBAI regulations in the Basque Country.
Additionally, it appears that VeriFactu will not replace the SII system (Immediate Information Supply), but will include taxpayers who were not previously obligated to comply with the SII.
SIGN ES
Our SIGN ES software solution generates digital signatures for transactions in your POS system, connects your POS system to the tax authorities and in the process fulfils all legal requirements of VeriFactu and/or TicketBAI. 100% legally compliant.
