All you need to know about fiscalization in Spain 2024

Rocío Arquiola

Esperta Fiscalità Spagnola

09/11/202312 min tempo per leggere

Nel suo ruolo di Marketing & PR Manager per il mercato spagnolo, Rocio si adopera per semplificare la fiscalità relativa a TicketBAI, Veri*Factu e fatture elettroniche B2B, promuovendo così la trasparenza e la conformità tra le aziende del settore.

The Spanish tax system is intricate, featuring two tax regimes: the ordinary and the foral. Within the foral regime, there are four distinct tax authorities. One covers Navarra's region, while the other three correspond to the various provinces in the Basque Country: Araba, Gipuzkoa, and Biscay. As for the ordinary regime, the AEAT (Spanish Central Tax Administration) is responsible for taxation across the rest of the country.

To align with the latest European guidelines aimed at preventing tax fraud, digitizing processes, and reducing delayed payments, Spain has introduced several new laws. These include TicketBAI in the Basque Country to combat tax fraud, the national Anti-fraud law with VeriFactu, and the 'Crea y Crece' law, which encourages the compulsory use of electronic invoices for B2B transactions. These regulations will work alongside the existing Suministro Inmediato de Información (SII) system.

Interested in learning more about these topics? Let's dive in!

What does fiscalization mean?

Fiscalization is the seamless recording of transactions and anti-tamper protection of transaction logs in POS systems. The requirements are set by the legislation of individual countries or administrative regions.

In simpler terms, it's a method to ensure that all companies follow the same rules, promoting transparency in both business and government finances. It also establishes consistent procedures for handling invoices and tax reporting.

In this blog post you will find a summary of the main fiscal regulations in Spain from 2023 to 2026, and which companies must comply with them. But if you need deeper information about them, download now our Whitepaper about fiscalization in Spain.

Fiscal legislations in Spain from 2023 to 2026

1️⃣ · Fiscalization in the Basque Country: TicketBAI

TicketBAI is the fiscal system to avoid tax fraud promoted by the three Basque provincial tax authorities and the Basque government. Sending all the invoices issued for the sale of goods or services electronically to the tax authorities is mandatory. In the provinces of Araba and Gipuzkoa, TicketBAI is already mandatory for all companies and professionals. Companies, freelancers, consultancies and professional law firms must manage their invoicing in compliance with the legal requirements set out by TicketBAI. In Biscay, compliance with TicketBAI is included in a more complex regulation called Batuz, and the compulsory deadline for compliance will be 2026.

What is TicketBAI about?

The fundamental procedure for complying with TicketBAI (you'll also come across it in its abbreviated form, TBAI) operates as follows:

Any individual or legal entity affected by TicketBAI must use a POS or billing software that ensures that invoices or purchase tickets issued cannot be manipulated.
All invoices - simplified and complete - must include two key components: the unique TBAI identification code and a QR code.
The anti-fraud software shall generate electronically signed TicketBAI XML files for each transaction and send them immediately to the tax authorities.
The anti-fraud software has to be registered as TBAI guarantor in the official registry of the Basque authorities.

TicketBAI implementation timeline

The implementation process of TicketBAI started with a voluntary period in 2020. Each province set different deadlines for the implementation of TicketBAI, with the initial expectation that it would be fully implemented by 2024 in the three Basque provinces. In Araba and Gipuzkoa, 99% of the companies are already TBAI compliant. Due to the difficulty of Biscayan companies and professionals to adapt to Batuz before 2024, the period of mandatory implementation of TicketBAI was postponed from 2024 to 2026 in Biscay, in a staggered way.

TicketBAI API

If your company is based in the Basque Country and you are not sure if you have to comply with TicketBAI or how to do it, please contact us and we will help you. Integrating our TicketBAI API into your billing system or POS software is very easy, and we offer solutions for both retailers and software vendors, ISVs or invoicing and management software providers. Learn more about fiskaly's TicketBAI API here.

2️⃣ · Fiscalization in Spain: Anti-fraud law (Veri*Factu) in Spain

Elsewhere in Spain, a regulation similar to TicketBAI has been proposed, known as the Anti-fraud law. It's designed to prevent companies in Spain from tampering with their accounting and invoicing. However, this law is not in effect yet. The final technical details and the timeline for implementation are expected to be released before 2024.

What are the Spanish Anti-fraud law and Veri*Factu?

The Anti-fraud law 11/2021 of July 9th advocates for measures to prevent and fight fiscal fraud, with specific mention of the use of VeriFactu softwares. According to the law, all invoicing software used in Spain must prevent the modification and deletion of records in the invoicing process and, furthermore, transmit all invoicing records to the National Tax Administration Agency (Agencia Estatal de Administración Tributaria).

Furthermore, the law establishes the requirements of the VeriFactu Software, which must be used by companies and professionals when issuing ordinary and simplified invoices in accordance with the new regulations. The word VeriFactu refers to "Verifiable invoice in the AEAT's electronic office" (in Spanish: “Factura verificable en la sede electrónica de la AEAT”). For those who choose the option of using a VeriFactu software, they are expected to comply with all the requirements stated in the Anti-fraud Law.

The draft legislation for VeriFactu and the updates published on June 2022 establish the following technical requirements:

An XML file is created for each transaction: one record for issuing the invoice and another one for the cancellation.
Invoices will have to be chained, so that their trace can be verified in a sequence, preventing manipulation.
At the moment, sending the registries to the tax administration will be voluntary for the taxpayer. However, the software must include this functionality and need to be able to send it upon request, as it may become necessary during an audit.
A digital certificate is not yet required when the software issues all the invoicing registries to the tax administration. However, the electronic signature will be mandatory if the files are not automatically sent to the AEAT.
Invoices include a QR code and the phrase “VERI*FACTU” (or the complete sentence “Factura verificable en la sede electrónica de la AEAT”) when all registries are automatically sent to the tax agency in a synchronous way.

Anti-fraud law and Veri*factu implementation timeline

The most recent draft suggests that taxpayers can expect to utilize the Anti-Fraud Law starting from July 1st, 2024, although a slight delay is anticipated due to the government formation delay at the end of 2023.

Furthermore, the draft outlines that software developers will have a 9-month period from the publication of the final technical regulations to implement VeriFactu.

Currently, we are eagerly awaiting the release of regulations that will outline the technical specifications. These specifications will set the timelines for software developers, companies, and professionals to integrate VeriFactu.

VeriFactu API

If your company's fiscal headquarters are in Spain (excluding the Basque Country and Navarra) and you're seeking guidance on how to navigate the new regulations, feel free to reach out to us. We're here to assist you. Our API SIGN ES not only complies with TicketBAI but is also fully equipped to meet all the VeriFactu requirements. Furthermore, it's worth noting that, similar to the incentives provided for complying with TicketBAI, there may be tax benefits for companies that voluntarily adopt VeriFactu before the mandatory compliance date. Therefore, integrating our VeriFactu API in your systems can be a beneficial strategic step for your business.

Whether you're a retailer, software developer, ISV, or a provider of billing and management software, the process of integrating our VeriFactu API is very simple. You will find more information about fiskaly's VeriFactu API here.

3️⃣ · Fiscalization for big companies: Immediate Supply of Information (Suministro Inmediato de Información or SII)

The Immediate Supply of Information, commonly referred to as SII (its complete name in Spanish is Suministro Inmediato de Información), has been a compulsory tax control system in Spain since 2017. This system enables the real-time tracking of Value Added Tax (VAT) records, which can be accessed through the AEAT's website (Spanish national tax authorities).

SII is mandatory for the following groups:

Companies, businesses, and taxpayers with their tax headquarters in Spain, whose annual income exceeds €6 million
Entities included in VAT groups
Those registered for monthly VAT returns using the REDEME system

Furthermore, it's also possible for other companies and professionals to opt for voluntary participation in the SII.

SII technical requirements

The primary focus of the SII is the electronic declaration requirement for various types of information, including invoices issued and received, sent to the Spanish Tax Agency (AEAT) through the electronic record books.

The specific record books in question are as follows:

Record book of invoices issued
Record book of invoices received
Record book of investment goods
Record book of certain intra-Community transactions

In general, it's necessary to transmit this information to the relevant Tax Administration within a maximum of four working days from the issuance or receipt of the invoices. Unlike TicketBAI or VeriFactu, the AEAT also provides XML file structures and a dedicated communication process for this purpose, but it doesn't require the chaining of records, electronic signatures or software certification for managing the information transmission.

SII coexistence with TicketBAI and Veri*Factu

As mentioned earlier in this article, the Spanish tax system is known for its intricacies. This complexity arises from the coexistence of various tax authorities at both the regional and national levels, as well as the presence of diverse regulations that impact specific types of companies. Consequently, both TicketBAI and VeriFactu will operate alongside the SII.

4️⃣ · “Crea y Crece” law and e-invoice

The 'Crea y Crece’ law (Law 18/2022 enacted on September 28, 2022) was established with the objective of promoting digitalization, combating delayed payments within businesses and professionals, and enhancing management processes. One of its key provisions includes the implementation of electronic invoicing. This is the law you may have heard about, making electronic invoices mandatory in Spain from 2024.

What are the provisions of the 'Crea y Crece’ law regarding electronic invoicing?

According to its 12th article, the 'Crea y Crece’ law mandates that companies and self-employed individuals are required to generate and receive electronic invoices using service providers that ensure compatibility with the electronic invoicing formats specified in the law.

This obligation pertains to business-to-business (B2B) transactions, provided that both the seller and the recipient are operating within Spain. To comply with this requirement, companies must use invoicing software that adheres to the provisions of the law, is registered as such with the Spanish Tax Agency (AEAT), and ensures the proper connection to the public electronic invoicing platform where taxpayers' invoice records will be transmitted. As a result, electronic invoicing in this manner will apply to complete invoices and not simplified ones.

The commencement of mandatory electronic invoicing in Spain

Law 18/2022 stipulates that the technical specifications for electronic invoicing systems should be made public within six months of their approval. This originally implied an expected implementation date in March 2023. However, two rounds of public consultations were initiated, one in March and another in July 2023.

These public consultations are to be considered in the finalization of the official requirements. The precise date for their publication remains pending, but it's anticipated to occur in the last quarter of 2023.

Following the publication of the official requirements, companies with an annual turnover exceeding €8 million will have one year to incorporate the necessary modifications, while all other companies will be granted an additional year for preparation. Consequently, the mandatory electronic invoicing obligation for transactions between B2B companies is anticipated to take effect starting in 2024.

E-invoicing API for Spain

Whether your business generates or receives full invoices from other professionals or companies, or if you are the developer of a billing, management or a fiscal software enabling invoice issuance, the new 'Crea y Crece’ law applies to you, and you are obligated to implement its provisions.

Our SIGN ES API will encompass the capability to produce electronic invoices in compliance with the 'Crea y Crece’ law, in addition to supporting TicketBAI and VeriFactu. Explore further details about our API for electronic invoicing in Spain.

ℹ️ SIGN ES: a single API to comply with TicketBAI, Veri*Factu and e-invoice in Spain

Our SIGN ES solution simplifies compliance with various regulations in Spain by offering a single integration that includes your TicketBAI API, VeriFactu API, and an API for electronic invoicing. If you're interested in gaining a deeper understanding of these regulations, how to adapt to them, and learning about our SIGN ES solution, along with the opportunity to test it for free, we invite you to watch the webinar below, featuring insights from our fiscalization experts, Isabel Nogales and Elias Priesching.