Regulatory updates - Spain

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.

Taxpayers may use specific invoicing systems certified by the tax authorities (AEAT). Alternatively, any commercial invoicing software must comply with the new regulations, including the requirement to submit invoices to the Spanish Tax Authority (AEAT). These systems will be classified as "verifiable invoicing systems," or Veri*Factu systems.

Order HAC/1177/2024 brings only minor modifications in this latest version. It outlines technical, functional, and content standards for invoicing systems, defining required formats for invoicing records. These requirements ensure system compatibility with regulatory standards, streamlining invoicing processes and promoting data uniformity across digital platforms.

Additionally, the SIF ensures consistency, accuracy, and regulatory compliance in invoicing records, facilitating transparency and uniform tax reporting.

It is essential to note that this approval does not alter the implementation deadlines set by Royal Decree 1007/2023 and does not impact the timing of the Veri*Factu mandate.