In September 2022, the Government approved the Crea y Crece Law, whose main objectives are to facilitate the creation of companies, promote the fight against late payment and favor the growth of SMEs.To guarantee the fulfillment of these objectives, one of the star measures of the Law is themandatory implementation of the Electronic Invoice in commercial transactions between companies and the self-employed. For the time being, the publication of the definitive regulation for this law is still pending.
This is one of the two regulations that will come into force and will be complemented by the so-called Anti-Fraud Law, which we want to go into in more detail.
What is the Anti-Fraud Law (Veri*factu)?
On July 9, 2021, the Anti-Fraud Law was approved, whose Ministerial Order developing the technical, functional and content specifications was published on October 28, 2024, which is the regulation that establishes the requirements to be adopted by the computer or electronic systems and programs that support the invoicing processes of businessmen and professionals.
With the entry into force on January 1, 2026 of the Anti-Fraud Law, we want to share relevant information to ensure that your company complies with the regulations and avoid possible penalties. This law aims to strengthen fiscal control and combat fraud in economic transactions, and establishes new requirements for companies regarding the issuance and registration of invoices.
To whom does the Anti-Fraud Law apply?
The new regulation will affect 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 invoicing obligations.
As regards its territorial scope, it is applicable throughout Spain except in the territories with a foral tax regime or in the Canary Islands. In the Historical Territories of Vizcaya, Guipúzcoa and Álava, the systems known as 'Ticket Bai' have been applicable since recent dates, the operation of which is analogous to that now approved for the rest of Spain.
How does it affect companies?
This Anti-Fraud Law (Veri*factu) affects all the above mentioned companies and professionals who will be obliged to:
Technical requirements for billing software:
> Billing software must ensure the integrity, traceability, preservation, readability, accessibility and unalterability of accounting and management data.
Retention of accounting and management records
> Accounting and management records must be kept for at least 10 years.
> Records must be immediately and electronically accessible to the tax authorities.
Implications for companies and freelancers
> Companies and freelancers must adapt their systems and processes to the new requirements of the Anti-Fraud Law and its Regulations. This implies:
Implement a billing software program that complies with the technical requirements established in the Regulations.
Modify the procedures for managing invoices and accounting and management records.
Train personnel on new legal obligations.
How does it affect information systems in particular?
This Law directly affects the information systems in which it will be possible to choose to use two models of SIF (Computerized Invoicing System)
SIF with issuance of verifiable invoices
> It will involve the transmission of billing records to the AEAT on a voluntary and pseudo-immediate basis.
> It will offer value-added services: matching, downloading of records (sender and recipient).
SIF with non-verifiable invoice issuance
> The AEAT will be informed of the invoicing records in response to a request.
> Obliges the issuing computer system to keep the records, ensuring their unalterability and integrity.
> Use of digital signature
> No value-added services
In both cases, it will be necessary to include a QR code on the printed invoice documents to facilitate the capture and digitalization of the printed information.
From PKF Attest we are working so that your systems can be adapted to the technical requirements derived from these regulations.
