As commented in past entries, the so called "Verifactu Ordinance" (Royal Decree 1007/2023 of 5 December), introduced the obligation for companies and entrepreneurs (among others, Spanish branches and permanent establishments of non-resident companies eligible for the Non Residents Income tax) to adapt their invoicing software to the technical standards it regulated, namely, generation of traceable invoicing records  accessible by the tax authorities under demand, unless the company opts for the ...

A final draft of the ,so called, “Ley Crea y Crece Ordinance” (the Ordinance) has been published at the website of the Ministry of Economy, Commerce and Enterprise, for a public allegations period ending the 7th of April 2025.   Once the allegation period is over the Ordinance will have to be approved by the Ministers’ Council for its subsequent publication at the official Gazette, to be followed by the Ministerial Order that is to regulate the public e-invoicing solution it regulates (the Minis...

Royal Decree 1305/2024, of December 23, approving the Regulation of the penalty procedure for non-compliance with Intrastat obligations has been published on January 29, 2025, and has entered into force on February 1, 2025.   As a result of these new rules, the penalties can range between 150 € and 6.000 € per Intrastat return, with the possibility of a 50% reduction in case of acceptance and prompt payment (according to the previous regime the penalties ranged between 60,10 € and 30.050,62 €, w...

The Ministerial Order HAC/1177/2024 that develops the technical aspects required for the invoicing software used by companies so they are compliant with Royal Decree 1007/2023, of 5 October (the, so called,  Veri*factu Ordinance) has been published in Today Official Gazette (accessible at the link: Disposición 22138 del BOE núm. 260 de 2024 ). With the publication of the Order, the 9 months dead-line for software developers and marketers so to adapt their invoicing applications to the new techni...

 I. A change of paradigm of the internal VAT management function   It is common that multinational companies which operate globally incur VAT reporting obligations in more than one country. When this happen, because of the different reporting parameters and technologies required by each jurisdiction, being able to remain compliant is a complex task and requires a flexibility which may not always exist, especially where the ERP, IT, financial and VAT reporting functions are centralized at group l...

Title VII (articles 67 to 83 ) of Law 7/2022, of April 8, on waste and contaminated soil for a circular economy (hereinafter, the Waste Law), published in the Official State Gazette of April 9, 2022, introduces tax measures to encourage the circular economy, including the creation of a special tax on non-reusable plastic packings, whose entry into force is scheduled for January 1, 2023 which will be the subject of the following comments.   Background   This new tax must be considered within the ...