I. – Introduction
Law 25/2013 of 27 December on promoting electronic invoicing and the creation of an accounting record for Public Sector invoices (hereinafter the “Act”), is aimed at eradicating public administration defaults, and consequently, improving the competitiveness of companies, thus reducing their financing needs.
II-. Objective
The Act aims to:
1. Promote, within the scope of the legal relationships between suppliers of goods and services and public administration, the use of electronic invoicing.
2. Create an accounting record, which shall streamline payment procedures and will give certainty to the provider regarding outstanding invoices.
3. Regulate the procedure for its processing before public administrations and monitoring measures by the competent bodies.
III-. Who is affected
Under Article 4 of the Act, all suppliers that have supplied goods or services to the Public Administration may issue and send electronic invoices. However, the following entities, among others, shall be obliged to use and submit electronic invoices:
a) Joint stock company;
b) Limited liability companies;
c) Legal persons and unincorporated businesses that do not have Spanish nationality;
d) Permanent establishments and branches of non-resident entities in Spanish territory;
e) Temporary business associations.
IV.- Formalities
Electronic invoices must have a structured format and be signed with an advanced electronic signature based on a qualified certificate. Advanced electronic seals based on a qualified certificate shall also be admitted.
Regarding the submission of invoices, the State, the Regions and the Local Administration, shall have a general entry point for electronic invoices, providing an electronic receipt.
V. – Application
The obligations under the Act shall not apply to invoices already issued at the time of its entry into force.
The obligation to submit electronic invoices shall take effect on January 15, 2015.
Vilá Abogados
For more information please contact:
24th January 2014
