Regulatory updates - Spain

Among several proposed changes, the most significant is the adoption of the UBL (Universal Business Language) format for the public e-invoicing solution, aligning with the EU's VAT in the Digital Age (ViDA) directive and replacing the previous Facturae syntax.

The public consultation will also analyze other proposed changes:

• The draft also clarifies payment details for credit and debit notes and establishes specific methods for calculating payment terms, including start and end dates;
• Invoices created on the public platform will be VERI*FACTU compliant;
• Regulations around 'true copy' for private networks have also been updated.

While the regulations are taking shape, the final implementation date remains uncertain. The mandate will not take effect until at least one year after the ministerial order's approval for taxpayers with over 8 million euros in operations the previous year. For all others, the decree takes effect two years after approval, but only if an EU regulation exemption is obtained or is no longer required.

Technical specifications are still pending and will also be subject to public consultation. Businesses should monitor further announcements regarding the official implementation timeline.

Starting December 2, 2024, new web services for invoice submission on request for non-Veri*factu systems and invoice query services for Veri*factu systems are available in the PREPRODUCTION environment. Access URLs are in the updated WSDL (Web Services Description Language) on the Developer Portal.

The changes encompass

- New web services for invoice submission on request for non-Veri*factu systems;

- New web services for invoice queries for Veri*factu systems;

- Updated WSDL and added XSDs (XML Schema Definitions) for query services;

- Updated Web Services Description and Validation/Error documents;

- Test client now includes options for testing new services.

Users can contact technical support at [email protected] for any questions or suggestions.

The Spanish Congress of Deputies has approved the draft bill for implementing the Pillar 2 global minimum tax, aligning with Council Directive (EU) 2022/2523. Now, it awaits approval from the Senate.

The bill introduces the Pillar 2 income inclusion rule (IIR) and the undertaxed payment/profit rule (UTPR) to ensure a minimum tax level of 15% for multinational enterprise (MNE) groups with annual consolidated revenue of at least EUR 750 million in at least two of the last four financial years. It also includes a qualified domestic minimum top-up tax (QDMTT).

Main impacts of the rules

• MNE groups (Sp.: Grupos Multinacionales) will be subject to a minimum tax rate of 15%;
• The IIR and QDMTT will apply to tax years starting or after 31 December 2023;
• The UTPR will generally apply to tax years starting or after 31 December 2024, with some exceptions for earlier applications.

Important timelines

• The IIR and QDMTT will be effective for tax years beginning or after 31 December 2023;
• The UTPR will be effective for tax years beginning or after 31 December 2024, with earlier applications for certain entities. Specifically, it will apply to tax years starting on or after 31 December 2023 for constituent entities of groups whose ultimate parent companies are based in EU Member States that have opted for a deferred application of the IIR and UTPR, as permitted by Article 50 of the Directive.

The regulations for the Crea & Crece law will resume processing upon its final approval and publication.