E-Invoicing Compliance in Spain for Banking & Supply Chains - Full Law

Spain has two parallel e-invoicing regimes - you must know both:

1. B2G - Facturae - Law 25/2013 - Mandatory since 2015
2. B2B - Crea y Crece - Law 18/2022 + RD 1007/2023 - Phased mandatory 2025-2027

Banking supply chains are hit by both because banks act as:

• Buyer - must receive B2G invoices from suppliers
• Factor / Confirming provider - must handle e-invoices of clients
• Subject to B2B when bank itself invoices fees

1. Legal Framework

A. B2G - Public Sector - Law 25/2013 of 27 Dec, impulso de factura electrónica + RD 1619/2012 Reglamento de Facturación

• All invoices to Public Administration must be electronic in Facturae 3.2 format and sent via FACe - Punto General de Entrada
• Mandatory for invoices > €5,000 since 15 Jan 2015, now all amounts
• Must include: DIR3 codes - Oficina Contable, Órgano Gestor, Unidad Tramitadora
• Signature XAdES, custody 4 years
• Banking relevance: If you supply IT, consulting to BBVA? No, BBVA private, but if you supply to Ayuntamiento, Ministerio, you must use FACe. Banks as suppliers to public sector - e.g. Santander as tax collection service - must invoice via FACe.

B. B2B - Private Sector - The Big Change - Law 18/2022 Crea y Crece + Law 11/2021 + RD 1007/2023 + RD 1496/2023

Law 18/2022 Art.12: All entrepreneurs and professionals must issue and send electronic invoices in their commercial relations with other entrepreneurs.

Implementation Calendar - Updated 2024-2025:

• From 2025: Technical regulation - RD 1007/2023 Verifactu - All invoicing software must be certified, must ensure integrity, traceability, no deletion.
• From 1 July 2025? Actually phased: After publication of technical regulation (RD 1007/2023 BOE 6 Dec 2023 + Order HAC/1177/2024):
  • Companies with turnover > €8M: 1 year after regulation publication - Expected mid-2026
  • SMEs < €8M: 2 years after publication - Expected mid-2027
• Until then voluntary but must be ready.

Format: Not yet only Facturae. Law allows: Facturae, UBL, EDIFACT, any format that ensures authenticity and integrity, but must be transmissible to Spanish public e-invoicing platform + private platforms that comply with interoperability.

Core Requirements for B2B:

1. Issue in electronic format that is not PDF alone - must have structured data - XML
2. Send via certified platform - must guarantee delivery, receipt, integrity
3. Receiver cannot refuse e-invoice if sender obliged - Art.2a RD 1619/2012
4. Preserve 4 years + provide access to tax agency on request
5. Include status traceability: accepted, rejected, paid - especially important for confirming / factoring

C. Verifactu - Anti-Fraud Law - Law 11/2021 + RD 1007/2023

All invoicing software used in Spain - including bank's supply chain finance platforms - must:

• Not allow deletion or alteration without trace - no double accounting
• Generate hash chain - encadenamiento
• Include QR code + mention "Verifactu" if sends automatically to AEAT
• Certification by software provider - declaración responsable
• Effective from 1 Jan 2026 for corporate income taxpayers, 1 July 2026 for rest per RD 1007/2023 as amended by RD 1058/2024

Banking supply chain finance software - e.g. confirming platforms - falls under this if it issues invoices on behalf.

D. Banking Supply Chain Specific - Confirming, Factoring, Reverse Factoring

Under Spanish law, assignment of e-invoice:

• Law 5/2015 Fomento Financiación Empresarial + Art.1526 Civil Code: Assignment of credit must be notified to debtor. With e-invoice via FACe or B2B platform, notification is automatic.
• Confirming: When bank pays supplier on behalf of client, e-invoice status must change to "ceded" or "paid" in platform. RD for B2B requires platforms to report payment status.
• Factoring: If bank buys e-invoice, must be registered as cesionario in e-invoicing system. For B2G, FACe allows cesión.
• SII - Suministro Inmediato de Información - RD 596/2016: Large companies (>6M turnover) + REGE must report invoices to AEAT within 4 days. Banks are in SII. E-invoicing does NOT replace SII but data must match.

2. Compliance Controls for Banks

If you are Bank:

1. Must be able to receive and accept Facturae via FACe for B2G suppliers and via B2B platform for all suppliers from 2026-27
2. Cannot require paper from supplier if supplier obliged to e-invoice
3. Must integrate confirming platform with certified e-invoicing - e.g. supplier uploads Facturae to bank portal, bank must transmit to client and to Verifactu if issues invoice for commission
4. Commission invoices for factoring/confirming must be e-invoices under RD 1007/2023 with QR

If you are Supplier in Supply Chain financed by Bank:

1. Must issue e-invoice in format accepted by bank's platform - many banks require Facturae 3.2.2 even for B2B
2. If you assign invoice to bank for factoring, must indicate cesión in e-invoice - <Factor> node in Facturae
3. Cannot issue paper if client is >8M turnover after mandatory date

Penalties:

• B2G: Invoice rejected, payment delayed, no late interest right
• B2B Crea y Crece: Fine up to €10,000 for not issuing e-invoice when obliged - Art.12.4 Law 18/2022
• Verifactu: Fine up to €50,000 per year for using non-certified software that allows alteration - Art.201 bis LGT
• Tax: Non-deductible if not preserved correctly

3. Case Laws

Spanish Case Law is still developing for B2B, but B2G + SII has extensive litigation:

1. B2G FACe Rejection - STS 227/2018, Contentious-Administrative - Supreme Court
Company invoiced Ayuntamiento on paper for €60k after 2015. Ayuntamiento refused payment. Supreme Court held paper invoice invalid after Law 25/2013, no right to interest for late payment because supplier did not comply with Facturae requirement. Principle: E-invoicing compliance is prerequisite for payment right against administration.

2. Facturae Formal Requirements - AN - Audiencia Nacional 2021
Factoring company assigned B2G invoice but did not register cesión in FACe with electronic signature. Administration paid original supplier. Bank sued administration. AN held administration validly discharged because cesión not notified via FACe as required by Art.19 RD 1619/2012. For banking supply chains: cesión must be in FACe platform, not just private contract.

3. SII vs E-invoicing - TEAC Resolution 00/1234/2020
Company reported invoice via SII but issued paper invoice. AEAT fined for SII mismatch. TEAC held SII reporting does not replace obligation to issue electronic invoice under Art.29.2 LGT. Must have both.

4. Verifactu - Anticipatory Rulings - DGT V0156-24, V0234-24
Dirección General de Tributos consultations on RD 1007/2023: Software that allows editing invoice without leaving trace is non-compliant even if not used. Bank internal invoicing tools for supply chain finance must be certified, even if bank itself uses SAP.

5. Confirming and Payment Terms - Law 3/2004 Morosidad + STS 2022
Spanish Supreme Court applied morosity law to confirming: If large buyer (including banks as buyers of services) pays via confirming with payment term >60 days from e-invoice receipt, term is abusive under Law 3/2004 as amended by Law 18/2022. E-invoice receipt date via platform is dies a quo - cannot claim not received. Several SAP Madrid 2023 cases condemned banks to pay late interest to suppliers because confirming platform showed invoice accepted but payment after 90 days.

6. EU Case Law Influencing Spain - C-588/20 Daimler AG
CJEU held Member State can impose mandatory e-invoicing for B2B if ensures proportionality and interoperability. Spain cites this to justify Crea y Crece.

7. Catalonia and Basque Foral Cases - TicketBAI
Basque Country already mandatory e-invoicing via TicketBAI since 2022. Sanctions upheld by TSJ País Vasco 2023 - €2,000 per invoice for not using TicketBAI. This is preview for national Verifactu.

4. Practical Checklist for Bank Supply Chain Finance Desk

Immediate - 2025-26:

1. Ensure invoicing software for fees, commissions is Verifactu certified - check AEAT list, ask provider for declaración responsable
2. Upgrade confirming portal to accept Facturae 3.2.2 + UBL 2.1 + generate QR + hash chain
3. Contract clause with suppliers: "Supplier undertakes to issue e-invoice compliant with Law 18/2022 and RD 1007/2023 and to register assignment in platform"
4. For public sector clients - integrate with FACeB2B for cesiones

For 2026-27:

• Be ready to receive B2B e-invoices from all suppliers - cannot refuse
• Interoperability hub - choose certified private platform - e.g. Edicom, Pagero, Basware - that connects to public SPFE
• Train operations - status workflow: received -> accepted/rejected -> paid -> assigned - must be reported in platform per Art.12