Regulatory updates - EU

The CEN Technical Committee 434 (CEN/TC 434) is an EU body (team of technical specialists) within the European Committee for Standardization (CEN) developing e-invoice standards, such as the European Standard on Electronic Invoicing (EN 16931–1).

The story behind the EN 16931-1 standard

The EN 16931-1 was originally developed for B2G invoicing and not for CTC, tax reporting or e-invoicing in the business sector. The upcoming legislative requirements such as ViDA and the German B2B mandate starting on 1 January 2025 will both be based on the EN 16931-1 norm. Hence, CEN/TC 434 are performing a revision of the EN 16931-1 standard and what new functionalities will be needed based on the ViDA proposal.

What changes are planned?

Some of the changes suggested in the revision draft of to the EN 16931-1 are:

• Addition of new functionalities following ViDA requirements, for example: making IBAN mandatory, support for margin scheme, adding a goods/services indicator and adding base amount in accounting and reporting currency;

• Introduction of new functionalities for business e-invoicing, such as: support for multiple orders and deliveries, allowing xml attachments as attached documents, classifying entries of invoice type codes;

• New functionalities for B2B VAT handling, for instance: adding additional VAT category code for national special VAT schemes, including national VAT exemption reasons and an addition of VAT category codes;

• New functionalities for businesses in terms of invoice handling, namely, allowing invoice issue time, supporting early payment discount and late payment penalty specification, allowing more detailed information in paid amounts, such as VAT amount, payment date, payment reference, and allowing multiple buyer IDs.

After much anticipation, many revisions, and much deliberation, the latest edition of the ViDA proposal has been agreed upon. The latest edition does not imply many drastic changes from previous revisions, barring a few timeline changes. The agreed-upon proposal edition makes implications and future impact a bit clearer.

The proposal’s core is still focused on its three Pillars: single VAT Registration, The Platform Economy, and Digital Reporting Requirements (DRR). Changes to the former two pillars include postponement of requirements associated with OSS (One-stop shop) and reverse charge mechanisms to 2028. Further changes to the proposal are related to the platform economy, more specifically, platforms offering hospitality and transport services, which have been pushed to 2030.

Crucial aspects pertinent to electronic invoicing and digital reporting requirements within the proposal include:

• Removal of derogation requirements for Member States implementing electronic invoicing;
• The introduction of Digital Reporting Requirements (DRR) for domestic and cross-border transactions;
• Revision of the definition of an electronic invoice;
• Changes to invoice issuance timeframes and data reporting requirements;
• The future of existing CTC mandates; and more.
  
  

The removal of the requirement for Member States to request a derogation for implementing obligatory e-invoicing is an imminent change expected once the proposal is approved.

As of 2030, the introduction of obligatory DRRs for cross-border transactions will come into force. For domestic transactions, Member States will have the option to implement DRRs if they choose. Markets with already existing CTC models commenced before 1 January 2024 will have to adapt these models to the proposal’s requirements by 2035.

The ECOFIN meeting concluded with agreement on the proposal, as announced by representatives of several Member States, who remarked on its great lengths and importance. The proposal will proceed with the next steps in the hands of the European Parliament.

This regulation represents a significant step toward ensuring that products sold within the EU market are more sustainable, durable, and resource-efficient.

Key highlights of the ESPR

• Objective: The ESPR is designed to make products more environmentally friendly by setting clear guidelines for manufacturers. Products must be durable, reusable, repairable, recyclable, and energy-efficient. The overarching goal is to reduce environmental harm throughout the entire product lifecycle.
• Scope: Unlike previous regulations that focused primarily on energy-consuming products, the ESPR applies to a much broader range of items. It covers everything from textiles and furniture to electronics, all aiming to extend their lifespan and reduce their environmental footprint.
• Requirements: Products must meet specific sustainability criteria, such as minimizing waste, using recycled materials, and reducing energy consumption. An essential feature of this regulation is the introduction of Digital Product Passports (DPP).
• Digital Product Passport (DPP): The DPP will create a digital system to track essential product information throughout its entire lifecycle. While technical details are still being developed, the DPP is expected to increase transparency, enabling consumers and businesses to make more informed decisions about the sustainability of their purchases.

Timelines of ESPR next steps

• Q3 2024: The Ecodesign Forum will be established, calling for membership applications.
• Q4 2024: The Forum will hold its first meeting to discuss the draft working plan.
• Q2 2025: The first ESPR Working Plan will be adopted and published.

Potential impact on CTC and e-invoicing

While the ESPR does not explicitly mention e-invoicing or Continuous Transaction Control (CTC) models at this stage, the regulation will likely have implications for supply chain and invoicing practices. As the Digital Product Passport (DPP) evolves, businesses may be required to integrate product tracking information, such as a QR code or barcode, within the product accompanying documents like invoices, dispatch advice, or even as a standalone label.

Although it’s too early to predict exactly how the DPP will function, the ongoing digitalization trends, including the ViDA initiative, suggest that the DPP will eventually align with CTC and e-invoicing systems. This alignment will likely streamline compliance, tracking, and reporting processes, adding further value to businesses that embrace these digital advancements.

In conclusion, while the full scope of the ESPR’s impact is still unfolding, it represents a forward-thinking move towards greater sustainability and transparency in product manufacturing and supply chains. As the regulation develops, it’s expected to influence various aspects of business operations, including invoicing and supply chain management.

On 24 July 2024, the European Parliament approved 3 legislative resolutions. The resolutions include the following:

• Resolution C/2024/4246 – VAT: rules for the digital age (related to ViDA)
• Resolution C/2024/4247 – VAT: administrative cooperation arrangements for the digital age
• Resolution C/2024/4248 – Special scheme and arrangements relating to distance sales of imported goods

The resolutions approve many aspects of the ViDA proposal, including amendments to the text, which the European Commission must acknowledge and address. The European Parliament and Council will deliberate the measures amended in the proposal by the resolutions.

Further progress, after deliberation, includes the Parliament notifying the EU Commission, EU Council, and remaining legislative bodies across the Union of their stance.

The European electronic invoicing standard, introduced by Directive 2014/55/EU, requires contracting public entities within its scope to handle e-invoices adhering to the semantic model defined in the EN 16931 invoice standard. The format has now been adopted not only in the public sector, but it is also widely used in B2B transactions.

In July, the EU Commission published the first version of Technical guidance for tax codes in EN 16931 describing how use cases for VAT should be recorded into an e-invoice and to improve consistency in how tax codes are used for specific scenarios. The use cases include:

• General cases for exceptions
• Intracommunity supply
• Reverse charge
• Exports from the EU to countries outside the EU and to EEA countries
• VAT in financial services
• Margin VAT for travel services

Those use cases contain guidance on UBL and CII.

Users of the document can suggest additional use cases via the DIGITAL Service Desk

There were high hopes until the last minutes that the VAT in the Digital Age (ViDA) proposal would be approved under the Belgian presidency of the EU Council. Overall, the Member States agree on Pillar 1 - E-invoicing and Digital Reporting Requirements (DRR) and Pillar 3 - Single VAT registration of the ViDA proposal.

However, once again, Estonia vetoed the proposal due to reservations about Pillar 2 - Platform Economy. This is the second vote under the Belgian presidency on the bill; the last vote on 14 May 2024 yielded the same results.

Unfortunately, a compromise that all Member States could agree upon was not found in the interim period leading to last week's vote on 21 June 2024. Now, the presidency will move from Belgium to Hungary.

Hungary has signalled that they will continue working to find a compromise on the proposal and aim to have it approved during their 6-months term. Furthermore, with the recently held elections to the European Parliament, there might be a need for the newly elected Parliament to be consulted again on the VIDA proposal since the bill has undergone many changes since its first publication.

As such, there will probably be new negotiations on the proposal during summer and autumn before a decision is expected at the end of 2024.

The 3 pillars of the ViDA proposal are Digital Reporting Requirements, Single VAT Registration, and VAT treatment of the platform. Focusing on the former, the latest proposal edition has yielded noticeable content changes in these requirements.

Immediate changes upon proposal approval

Beginning on the date defined by the directive (contingent upon the proposal’s approval), Member States are no longer required to obtain derogation to implement obligatory e-invoicing within their jurisdictions.

This, however, does not include digital reporting requirements. E-invoicing is separate in the context of the proposal, and the obligation, together with the new rules for derogations, will become effective right away.

New rules as of 1 July 2030

From the perspective of electronic invoicing, a few of the most notable changes, expected to begin on 1 July 2030, include the following:

• Structured format electronic invoices (e-invoices) become the default standard, including hybrid formats and the use of EDI for intra-community transactions.
• Electronic invoices for intra-community transactions must be EN-compliant/conform to EN-16931 standards. Member States may allow other standards for domestic transactions.
• Member States must ensure means of validation of electronic document data and may offer a government portal to address this; however, centralized clearance/validation exclusively via a government portal is no longer allowed.
• Intra-community invoices must be issued 10 days following the chargeable event.
• EN-compliant e-invoices are no longer subject to buyer acceptance.

In tandem with e-invoicing requirements, the notable changes to digital reporting requirements set forth by the proposal, expected to begin on 1 July 2030 as well, include the following:

• Digital reporting requirements become compulsory for intra-community transactions, including reverse-charge scenarios.
• Suppliers must report intra-community transactions in real-time (immediately).
• Buyers must report these same intra-community transactions within 5 days.
• Member States must provide the means for taxpayers to submit reporting requirements which must be EN compliant.

What happens to domestic DRR?

Member States may optionally implement domestic digital reporting requirement changes as of 1 July 2030. Notably, changes associated with this aspect include:

• Suppliers would have to report individual transaction data in real time.
• Self-bills for buyers issuing invoices on behalf of their supplier would have to be reported in no later than 5 days.
• Purchasers would have to report individual transaction data in no later than 5 days.
• EN syntaxes would be mandatory to implement domestic digital reporting requirements; however, other syntaxes are allowable if interoperability with EN syntax is ensured.

The proposal further addresses Member States with existing domestic digital reporting requirements. Those requirements that have existed since 1 January 2024 or before must be adapted to the requirements stipulated within the proposal by 1 January 2035.

Further steps and timelines

The proposal encompasses requirements that enter into force on the date defined by the directive, invoice content changes beginning 1 January 2026, aspects in the interim from 1 January 2027 to 1 July 2030, and obligations from 1 July 2030 to infinity and beyond. The proposal discusses the stipulations and their implications for taxpayers and Member States.

The proposal did not gain the largely expected approval on 14 May because of opposition to certain aspects of the platform economy pillar. The Belgian presidency has accepted the opposing comments and asserted that they have the intention to amend the proposal as necessary and reach an agreement by the end of June 2024.

A key outcome was the commitment to enhance e-invoicing interoperability between the regions.

The joint statement - annexed with a declaration - has outlined fundamental principles for successful e-invoicing.

Read the full update here.

Below are some key highlights from the report.

Global impact of the e-Invoicing Directive
The e-Invoicing Directive played a significant role in standardizing practices across Europe and globally, with various countries adopting Peppol specifications. Challenges, such as varying adoption rates and the need for complete interoperability at the transmission level, persist due to differences in national implementations.

Cost-benefit analysis

The report highlights that out of 23 surveyed Member States, 17 acknowledged that the benefits of e-invoicing outweighed the associated costs at the national level. The driving factors behind these benefits included process automation, adherence to standardized procedures, expedited processing, reduced payment delays, and simplified protocols. The estimated quantitative gains from automating the invoicing process were around EUR 5.28 per e-invoice issued and EUR 8.4 per e-invoice received, factoring in a labour cost of EUR 46 per hour.

Positive outcomes for SMEs and large enterprises
According to the accompanying report document, additional savings were identified when automating the entire order-to-pay cycle, with benefits estimated between EUR 25 and EUR 65 per purchase-to-pay cycle. Small and medium-sized enterprises (SMEs) experienced positive outcomes, benefiting from streamlined B2G invoicing, enhanced efficiency, and smooth invoicing procedures. Similarly, large enterprises realized cost savings, efficient invoicing to public entities, heightened accuracy, improved data quality, and increased security.

Enhancing legal certainty and streamlining processes

The Directive increased legal certainty and reduced technical complexity, as evidenced by positive impacts reported in 14 out of 23 Member States surveyed. Finland, for instance, experienced improved automation and higher data quality by adopting the European e-invoicing standard.

The Directive's success in fostering interoperability

The Directive successfully created conditions for the emergence of technical solutions, ensuring interoperability through the obligation imposed on public authorities and the facilitation of Peppol as a network for compliant electronic invoice exchange.

The complete report is accessible via the following link, and the accompanying document can be found here.

The European Parliament’s Committee on Economic and Monetary Affairs (ECON) announced two reports in the form of the Draft European Parliament Legislative Resolution consisting of 251 amendment suggestions to the European Commission’s VAT in the digital age (ViDA) proposal.

The second Draft Report announced on 20 June 2023, is the finalized version of the first Draft Report and consists of amendments 88 – 251.

The suggested amendments below are limited to the e-invoicing and digital reporting requirements.

These amendment suggestions will be reviewed by the European Commission.

General suggestions

• Setting a minimum threshold for being qualified as a taxable person for VAT purposes, i.e. taxable person for VAT purposes means any natural or legal person who independently carries out any economic activity with an annual turnover of more than EUR 30 000 or the equivalent in the national currency.
• A longer transition period for smaller companies will ease the burden on SMEs.

Timeline suggestion

• The deadlines for the entry into force of the main dates are delayed by 24 months, i.e., e-invoicing implementation is to be pushed until 2026 / 2028, and the DRR set to commence in 2028 would be pushed until 2030.

E-invoicing suggestion

The following amendments are suggested regarding electronic invoicing:

• The deadline for the issuance of an invoice for cross-border transactions is set at (5) working days after the chargeable event has taken place. The deadline of 2 working days is difficult for SMEs to meet.
• Member States are allowed to authorize other means than e-invoicing for domestic supplies for transactions below a threshold of EUR
• The issuance of e-invoices by the supplier and its transmission to the buyer is conditional on prior authorization or verification by the tax administration.
• The use of European e-invoicing standard EN16931 for the transmission of invoice data at a national level is optional for Member States.
• The requirement to state IBAN in case of bank account payment is removed.
• The new definition of electronic invoice comes into force in 2028.
• Non-established invoice recipients in a Member State mandating the e-invoice issuance may require the invoice issuer to send the invoice in paper or any other format during the transitional period.

DRR suggestion

The following amendments are suggested regarding the Digital Reporting Requirements:

• The deadline for the digital transaction report by the taxable person, or a third party on behalf of the taxable person is extended to (5) / (7) / (10) / (12) days after the posting date in the taxable person’s accounting books.
• Member States may introduce the EU reporting requirements first and only if the expected objectives are achieved, the system should be extended to domestic transactions as well.
• Member States may allow local digital reporting requirements for purchases based on non-EU standards.