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The Anti-Fraud Law in Spain


What is the Anti-Fraud Law?


Law 11/2021, better known as the Anti-Fraud Law, is so named because of its purpose: to reduce tax fraud and the underground economy in Spain. In order to meet this objective, the law will regulate electronic invoicing systems, thus avoiding tax evasion. 

This law was to be mandatory as from July 1, 2025, however, a postponement has been requested, with which, if approved, companies will have to comply with the regulations as from January 1, 2026 and the self-employed as from July 1, 2026.

Among the systems now regulated are all accounting and business management software, such as Odoo. As a result of this new regulation, both self-employed and companies will be obliged to have a computerized invoicing system that guarantees the integrity, conservation, accessibility, legibility, traceability and unalterability of the invoicing records.


What are the implications of the Anti-Fraud Law?


Law 11/2021, apart from prohibiting the use of double accounting software, will also force the cessation of the use of Excel spreadsheets for calculations and Word or PDF sheets for the issuance of invoices.

A dual-use software is one that allows the company or freelancer to keep two parallel billing lines. One of them declared to the public administration and another one undeclared, known as B accounting. It is through this secondary line of invoicing that the payment of taxes such as VAT or IRPF is avoided.

An example could be companies that have small cash transactions, if these are not given a simplified invoice or ticket of the sale to the customer not to declare the corresponding part of taxes.

Therefore, this will imply that all companies and freelancers will have to have an invoicing software that is approved for this use. Otherwise, the Anti-Fraud Law may impose fines of up to €50,000 on those who do not comply with the requirements, such as using a second billing line.


How can I prepare for compliance with the Anti-Fraud Law?

With the application of the new law, manual accounting systems cannot be used, since systems certified by the AEAT (Spanish Tax Agency) must be used. The contracted program must comply with certain requirements:

  • Registration of all accounting information for the correct issuance of invoices.
  • Allow the consultation or downloading of documents.
  • Guarantee the integrity of the information, without the same person or a third party being able to manipulate it.
  • The information must always remain accessible to the persons responsible for accounting in the company.
  • Legible documentation in standard format.
  • Automatic sending of invoicing data to the tax authorities through the Veri*Factu system.

Regarding the format of the invoices, it shall be mandatory to comply with the appropriate format:

  • Tax identification number, name and surname and full company name or corporate name.
  • Invoice number (it must follow a series).
  • Date of issue of the invoice.
  • Type of invoice: complete or simplified.
  • Total amount.
  • Specification of the Value Added Tax (VAT) regime applied.

The aforementioned requirements will be mandatory for all self-employed and companies not exceeding 6 million euros in annual turnover. Penalties may arise from accepting a cash payment for amounts exceeding €1,000, with a fine of 25% of the amount. In addition to fines of up to €50,000 for the use or possession of dual-use software, i.e., having contracted dual-use software, even if it is not used, will also be punishable. The penalties for non-compliance with the law may include the revocation of the Tax ID, if the public administration deems it necessary.

How has Odoo prepared for the Anti-Fraud Law?

As a result of the development of the Anti-Fraud Law, VeriFactu is born, the new system for sending invoices to the Treasury. The VeriFactu system has similarities with the Immediate Supply of Information (SII), but it will be mandatory for self-employed and companies with an annual turnover of less than 6 million euros. It will be mandatory as of January 1, 2026 for companies if the deferral is approved. By then, both self-employed and SMEs will have to have an approved invoicing system, such as Odoo.

As for the invoicing and accounting part, using only these applications in Odoo is totally free of charge. Having already developed and fully operational the connection with the Treasury through the SII and guaranteeing not to be a dual-use invoicing system, Odoo is the perfect management software to adapt to the new regulations.

 For more information about VeriFactu you can read our blog dedicated to it.


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