Requisites of the invoices according to Spanish Law

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Spanish Law requires that the invoices issued by a business meet certain mentions which must be compulsory fulfilled. It is important to stick to the legal requirements for several reasons.  In first place, the omission of said requirements is, itself, an infringement which could trigger a fine up to 1 % of the invoice (s) incorrectly issued. The fine could be increased by 100 % (that is, a fine of 2 % of the amount of the invoice) if the non-fulfillment is deemed to be substantial. But most importantly, the recipient of the invoice, if an entrepreneur, could not be able to deduct the input VAT and the corresponding expense for his personal tax.

All invoices should contain data or requirements listed below, without prejudice that  may  include any other references deemed appropriate.

  1. Number and, where appropriate, series. The numbering of invoices within each series will be correlated.

Invoices may be issued by separate series when there are reasons to justify and, among other cases, when forced to dispatch, two or more establishments from which perform their operations and when required to perform dispatch operations of different nature.

  1. The date of issue.
  2. The name, full name or company name, both the supplier and the recipient
  3. Tax Identification Number assigned by the Spanish tax authorities or, where applicable, by another Member State of the recipient
  4. Address of both the issuer and the recipient
  5. Description of operations, stating all necessary data to determine the taxable base and the amount due, including price per unit, eventually, any discount or rebate that is not included therin.
  6. The tax rate or tax rates,
  7. The tax liability
  8. The delivery date, if it is different from the invoice date.
  9. In the event that the operation is documented in an invoice is exempt from tax, a reference to the relevant provisions of Directive 2006/112 / EC of 28 November, or the corresponding provisions of the Spanish Value Added Tax Act or, at least, an indication that the transaction is exempt.
  10. In case the tax payer is the recipient of the invoice under the reverse charge mechanism, this must be expressly stated in the invoice.

In some cases the Law allows to issue a so called simplified invoice. The simplification consists in that it is not necessary to put the data of the recipient. These simplified invoices can only be issued when the amount of the invoice (included VAT) is lower than Euro 400. However, even if the amount is lower than that threshold, the simplified version cannot be used if the recipient is an entrepreneur.