Frequently asked questions (FAQ)

In general, the terms VERI*FACTU or VERI*FACTU regulations are abbreviated, colloquial and meaningful –although inaccurate– ways of referring to the regulation that establishes the requirements that must be adopted by computer or electronic systems and programs that support the billing processes of entrepreneurs and professionals, and the standardization of billing record formats, approved by Royal Decree 1007/2023, of December 5.

This regulation partially develops article 29.2.j) of Law 58/2003, of December 17, General Tax (LGT), introduced by the "anti-fraud law" (Law 11/2021, of July 9), with regard to computer or electronic systems and programs that support the invoicing processes (abbreviated as computer billing systems or SIF) of those who carry out economic activities, that is, entrepreneurs and professionals.

This regulation and the royal decree that approves it impose a series of requirements on the computer systems used to issue invoices, with the aim of avoiding or hindering and detecting the possibility of fraud being committed in this process.

In short, these SIFs are required, at the time of issuing the invoice, to generate and save or send to the Tax Agency a summary of the invoice – called the billing record – which includes a series of security and control measures, such as the digital fingerprint of its data, the inclusion of information from the previously generated record (which allows verification that there are no omissions) and, where applicable, the electronic signature of the issuer of the same. They also require SIFs to include a QR code on the invoice issued, which, when read (for example, with a mobile phone camera), allows the person receiving the invoice to easily send certain data to the Tax Agency for possible verification.

Finally, it should be noted that the term VERI*FACTU, which is usually used to refer to both this regulation and the royal decree that approves it, comes from the name of one of the two types of SIF contemplated by the regulation that can be used to comply with this regulation and whose most notable characteristic is that they send the Tax Agency a structured summary of the data of each invoice (called the high billing record) at the time of its issue.

Regulations/Doctrine :

• Article 2.j) of Law 58/2003, of December 17, General Tax Law.

• Royal Decree 1007/2023, of December 5, approving the regulations establishing the requirements that must be adopted by computer or electronic systems and programs that support the billing processes of entrepreneurs and professionals, and the standardization of billing record formats (RRSIF).

In addition to what is discussed in other related FAQs ( 1.1 , …), the requirement to comply with certain security and control requirements for computerized billing systems (SIF) as another measure to combat tax fraud has been applied for some time by many other tax authorities, both in Spain (local cases), as well as in other countries of the European Union (France, Italy, Portugal, Germany…) and the rest of the world.

In this case, after studying numerous systems already implemented and their respective types of requirements, an approach was chosen in line with the most recent recommendations on the matter from the Organisation for Economic Co-operation and Development (OECD). Furthermore, an attempt has been made not to condition the way in which they are implemented, which allows for greater freedom and flexibility when putting them into practice, favouring competition between solutions, whether based on software, hardware or a combination of both. This reduces costs and allows the SIF that best suits the circumstances and needs of each business owner or professional to be chosen, ultimately facilitating its adoption.

Regulations/Doctrine :

• Article 2.j) of Law 58/2003, of December 17, General Tax Law.

• Royal Decree 1007/2023, of December 5, approving the regulations establishing the requirements that must be adopted by computer or electronic systems and programs that support the billing processes of entrepreneurs and professionals, and the standardization of billing record formats (RRSIF).

Firstly, the use of computerised invoicing systems adapted to the regulations will prevent – or make it more difficult and detect – fraudulent practices in this process, such as the omission of invoices or the alteration of sales invoices once they have been issued. This has two major consequences:

• On the one hand, it will have a direct impact on reducing fraud, which will lead to greater tax justice that will benefit all citizens.

• On the other hand, it will prevent or significantly reduce unfair competition, which is taken advantage of by those who defraud those who comply with their tax obligations.

Additionally, the adoption of these types of requirements and formats will contribute to standardizing and modernizing business IT systems, advancing the digitalization of entrepreneurs and professionals. As a result of this, two effects are achieved:

• Relations between business owners and professionals, and between them and their tax representatives, are facilitated and encouraged by using common billing information formats, favouring their exchange and reducing costs, issues that have a beneficial impact on commercial activity.

• The communication of information to the tax authorities is made more specific and simplified, facilitating tax compliance.

Furthermore, this regulation aims to offer those who receive invoices (including simplified invoices) an easy and immediate way to send certain data to the Tax Agency for possible verification. This contributes to greater transparency in business, as well as developing tax awareness and a culture of tax compliance.

Regulations/Doctrine :

• Article 2.j) of Law 58/2003, of December 17, General Tax Law.

• Section I of the preamble to Royal Decree 1007/2023, of December 5, approving the regulations establishing the requirements to be adopted by computer or electronic systems and programs that support the billing processes of entrepreneurs and professionals, and the standardization of billing record formats (RRSIF).

Article 29.2.j) of Law 58/2003, of December 17, General Tax Law (LGT), obliges producers, marketers and users of computer or electronic systems and programs that support the accounting, invoicing or management processes of those who develop economic activities to ensure that said computer systems guarantee the integrity, conservation, accessibility, legibility, traceability and inalterability of the records, without interpolations, omissions or alterations for which the proper annotation is not left in the systems themselves. To do this, it allows for the establishment of certain technical specifications to be met, as well as their certification and the use of standard formats so that their records are legible.

Regulations/Doctrine :

• Article 2.j) of Law 58/2003, of December 17, General Tax Law.

Article 201 bis of Law 58/2003, of December 17, General Tax Law (LGT), provides for two types of sanctions, both serious:

• The manufacture, production and marketing of computer systems that do not comply with the provisions of article 29.2.j) of the LGT and its implementing regulations (regulations, ministerial order and related documentation of the electronic headquarters of the Tax Agency).

  The amount stipulated is 150,000 euros for each financial year in which sales of this type of computer system have occurred and for each different type of these systems that is the subject of the infringement.

  On the other hand, when these computer systems are not certified despite being required to do so, a fine of 1,000 euros will be imposed for each computer system sold without such certification.

• To the possession of computer systems that do not comply with the provisions of article 29.2.j) of the LGT, when they are not duly certified and must be so by regulatory provision or when the certified devices have been altered or modified. The amount is 50,000 euros for each financial year.

Regulations/Doctrine :

• Article 201 bis of Law 58/2003, of December 17, General Tax Law.

Only those used to issue invoices (including simplified invoices), that is, computerized billing systems (SIF), provided that they are used by those obliged to issue invoices (complete or simplified, both to other businesses and to final consumers) to whom the regulations approved by Royal Decree 1007/2023, of December 5, apply: See section 2 of the FAQ "Who is affected by the regulation establishing the requirements for computerized billing systems?" and its "rule of the 4 "NOs"" of General Questions: areas of application . 

However, it will not apply to other computer systems used to issue other types of supporting documents for the delivery of goods or provision of services.

Regulations/Doctrine :

• Article 2.j) of Law 58/2003, of December 17, General Tax Law.

• Articles 1.1 and 1.2 of the regulation establishing the requirements that must be adopted by computer or electronic systems and programs that support the billing processes of entrepreneurs and professionals, and the standardization of billing record formats (RRSIF), approved by Royal Decree 1007/2023, of December 5.