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The "Veri*factu Regulation"

After extensive processing, on December 6, 2023, Royal Decree 1007/2023, of December 5, was published in the BOE, approving the Regulation that establishes the requirements that the systems and computer or electronic programs that support the billing processes of businessmen and professionals, and the standardization of billing record formats.

The regulation is a direct development of the modification of article 29.2.j) of Law 58/2003, of December 17, General Tax, in the wording added by Law 11/2021, of July 9, on prevention and fight against tax fraud. The standard aims to establish the way in which billing records that are produced by computer systems must comply with the legal requirements of integrity, conservation, accessibility, legibility, traceability and unalterability, thus avoiding the so-called 'dual-use software' or 'software of sales concealment' that has sometimes been observed in sales to the final consumer. With this primary purpose, the royal decree defines an invoice record, with a specific format and structure, to which certain computer security elements are added (chained hashes and electronic signature) that ensure that said record cannot be modified after it has been produced. , without leaving the corresponding record of that modification.

This regulation is known colloquially by the name 'Veri*factu Regulation', in reference to the simpler and more efficient modality that is foreseen to comply with the standard, by sending the billing records to the electronic headquarters of the Tax Agency at the time of its production.

In addition to the fight against fraud and tax evasion, these systems will make it possible to advance in the digitalization of companies and improve the assistance services that the Tax Agency provides to taxpayers, offering them the possibility, when they use 'Veri*factu' systems ' with data sending, downloading operations, thus facilitating the preparation of tax record books and tax models.

The new rule will apply to all entrepreneurs and for all their operations, with the exception of those who are already subject to the Immediate Supply of Information (SII) or those who do not have a billing obligation. As regards its territorial scope, it is applicable throughout Spain except in the territories of the regional tax regime. In the Historical Territories of Vizcaya, Guipúzcoa and Álava, the systems called 'Ticket Bai' have recently been applicable, whose operation is analogous to the one now approved for the rest of Spain.

It should be noted that, in the system provided for in the regulations, clients will be able to check the fiscal quality of the simplified invoices received, comparing them on the Tax Agency website.

This royal decree will be followed by the ministerial order of technical development, from which computer program developers must submit to its provisions within a maximum period of 9 months. Likewise, their products must incorporate a “responsible declaration” of compliance with this regulation.

All obligated companies and self-employed workers must adapt to the standard by July 1, 2025. To this end, it is planned that SMEs and the self-employed will be able to use the digital kit of the Recovery, Transformation and Resilience Plan to finance the modifications to the computer programs that are necessary to adapt to the new regulations.

Finally, it should be noted that this regulation is compatible with the Draft Regulation on B2B electronic invoices, currently being processed by the Ministry of Economy, Commerce and Business with the participation of the Tax Agency. Businessmen's computer systems must adapt comprehensively to both modifications, using a single data model based on the mandatory invoice mentions and payment methods and terms.