Real Decreto 1619/2012 Compliance for Credit Notes

Compliance with Spanish invoicing regulations isn't optional - it's a legal requirement that affects your VAT obligations, audit outcomes, and business operations. Real Decreto 1619/2012, specifically Article 15, establishes the legal framework for credit notes (facturas rectificativas) in Spain.

This guide provides comprehensive coverage of all legal requirements to ensure your credit notes meet Spanish tax law standards and protect your business during audits.

Legal Foundation: Real Decreto 1619/2012

Real Decreto 1619/2012 regulates invoicing obligations in Spain, implementing EU VAT Directive 2006/112/EC into Spanish law. Article 15 specifically addresses corrective invoices.

Purpose of the Regulation

The regulation serves several critical purposes:

VAT Control: Ensures accurate tracking of VAT obligations and deductions across the Spanish economy.

Audit Trail Integrity: Mandates immutable invoice records that create reliable audit trails for tax authorities.

Fraud Prevention: Prevents businesses from selectively removing or modifying transactions to evade taxes.

Cross-Border Harmonization: Aligns Spanish invoicing requirements with EU standards for consistent treatment of international transactions.

Authority and Enforcement

The Agencia Tributaria (Spanish Tax Agency) enforces these regulations through:

Regular Audits: Systematic examination of business records, including invoices and credit notes Sanctions: Fines for non-compliant invoices, credit notes, or missing documentation VAT Denial: Rejection of VAT corrections from improper credit notes Extended Investigations: Deeper audits when compliance issues are discovered

Non-compliance creates real financial consequences, making proper credit note management essential.

Article 15: Core Requirements

Article 15 of Real Decreto 1619/2012 establishes specific requirements for corrective invoices. The article contains four subsections, each addressing different correction scenarios.

Article 15 Subsections Overview

Understanding which subsection applies to your credit note ensures proper legal compliance:

Article 15.1 - Invoice Errors:

• Price errors (incorrect unit prices)
• Quantity errors (wrong quantities invoiced)
• Calculation mistakes (mathematical errors)
• VAT rate errors (wrong rate applied)
• Technical errors in invoice data

Article 15.2 - Post-Issuance Discounts and Rebates:

• Volume discounts granted after invoice issuance
• Loyalty rebates based on cumulative purchases
• Early payment discounts (descuentos por pronto pago)
• Commercial rappels (volume-based rebates)
• Price adjustments agreed post-invoice

Article 15.3 - Cancellations:

• Product returns (total or partial)
• Service cancellations
• Contract terminations
• Transaction voidance (complete cancellation)
• Delivered goods/services rejected by client

Article 15.4 - Bad Debt (Impagos):

• Uncollectible invoices due to client insolvency
• Bad debt write-offs after collection attempts
• Must also comply with Article 80 LIVA for VAT recovery
• Strict 90-day minimum and 180-day maximum timing requirements

Important: Always cite the specific subsection in your credit note's legal reference text. Generic "Article 15" citations are acceptable but subsection specificity strengthens compliance.

Mandatory Elements

Every credit note must include:

1. Clear Identification as Corrective Invoice

• Must bear the designation "Factura Rectificativa" prominently
• Cannot be confused with regular invoices
• Clear indication of corrective nature

2. Reference to Original Invoice

• Complete original invoice number
• Original invoice date
• Sufficient information to unambiguously identify the transaction being corrected

3. Explicit Correction Reason

• Specific, detailed explanation of why correction is necessary
• Must be comprehensible to tax authorities
• Sufficient detail to justify the VAT adjustment

4. All Standard Invoice Fields

• Your complete business information (name, address, tax ID)
• Client's complete information (name, address, tax ID)
• Credit note number (sequential, no gaps)
• Issue date
• Description of correction
• Base amounts and VAT calculations
• Total amount

5. Proper VAT Treatment

• Original VAT amount charged
• Corrected VAT amount (if applicable)
• Net VAT adjustment (difference to be refunded/charged)
• Separate treatment of different VAT rates if applicable

Legal Linkage Requirements

Article 15 requires clear, unambiguous linkage between credit notes and original invoices:

Unique Identification: Original invoice must be identifiable by number and date Complete Reference: No ambiguity about which transaction is being corrected Maintained Records: Both original and corrective documents retained together

This linkage creates the audit trail tax authorities use to verify corrections are legitimate.

Mandatory Credit Note Fields

Understanding exactly what must appear on every credit note ensures compliance.

Company Information (Issuer)

Your business details must include:

Legal Name: Exact registered business name as it appears on tax registrations Tax ID (NIF/CIF): Your official Spanish tax identification number Complete Address: Full business address including street, number, postal code, city, province Contact Information: Phone, email, or website (recommended but not legally required)

Example:

Diseños Web Madrid SL
CIF: B12345678
Calle Gran Vía, 28, 3º Izq
28013 Madrid, España

Client Information

Client details must match the original invoice exactly:

Legal Name: Full name (individuals) or registered company name (businesses) Tax ID (NIF/CIF/NIE): Spanish tax ID, or foreign tax ID for international clients Complete Address: Full address including postal code No Abbreviated Forms: Use complete legal names, not trading names or abbreviations

Important: Client information must match the original invoice character-for-character. Any discrepancy can invalidate the credit note.

Credit Note Identification

Each credit note requires:

Credit Note Number: Sequential number following your numbering system, no gaps allowed Issue Date: Date the credit note is created and issued "Factura Rectificativa" Designation: Clear label identifying document as corrective invoice Series Identification (if applicable): If using separate series for credit notes

Example:

FACTURA RECTIFICATIVA
Número: 2025-CR-025
Fecha de emisión: 28 de enero de 2025
Serie: Facturas Rectificativas 2025

Original Invoice Reference

Unambiguous identification of the invoice being corrected:

Original Invoice Number: Exact number from the invoice being corrected Original Invoice Date: Issue date of the original invoice Original Invoice Amount (recommended): Total amount for easy reference

Example:

Corrige Factura: 2025-0189
Fecha Factura Original: 15 de enero de 2025
Importe Original: €2,420,00

Correction Details

Specific information about what is being corrected:

Correction Reason: Detailed, specific explanation (see dedicated section below) Correction Type: Whether reducing or increasing the original amount Itemized Corrections: If correcting specific line items, show original vs. corrected

Example:

Motivo de Rectificación:
Devolución de 15 unidades del Producto SKU-7890 según autorización
de devolución RA-2025-047 con fecha 25 de enero de 2025. Cliente
canceló parte del pedido debido a cambio en requisitos de proyecto.

Amount Details

Complete financial breakdown:

Original Amounts:

• Base amount (base imponible) by VAT rate
• VAT amount by rate
• Total original amount

Corrected Amounts (if applicable):

• Corrected base amount by VAT rate
• Corrected VAT amount by rate
• Corrected total amount

Net Adjustment:

• Difference in base amount
• Difference in VAT
• Total difference (amount to refund or charge)

Example:

IMPORTES ORIGINALES:
Base Imponible (21% IVA): €1,500.00
IVA (21%): €315.00
Total Original: €1,815.00

IMPORTES RECTIFICADOS:
Base Imponible (21% IVA): -€450.00
IVA (21%): -€94.50
Total Rectificación: -€544.50

AJUSTE NETO:
Importe a Reembolsar: €544.50

Correction Reasons: Legal Requirements

The correction reason (motivo de rectificación) is not optional filler text - it's a legal requirement that must meet specific standards.

What Makes a Valid Reason

Valid correction reasons must be:

Specific: Clearly state what was incorrect and what it should be Comprehensible: Tax authorities must be able to understand the correction without additional context Verifiable: Reason should reference supporting documentation that can be provided if requested Honest: Accurately reflect the true reason for correction

Valid Correction Categories

Spanish law recognizes several legitimate categories for corrections:

1. Errors in Invoice Data (Article 15.1)

Price Errors:

• "Correction of unit price per Art. 15.1 Real Decreto 1619/2012 - original invoice showed €75/hour, correct rate per contract is €65/hour"
• "Pricing error per Art. 15.1 - applied 2024 rates instead of updated 2025 rates per price list effective January 1"

Quantity Errors:

• "Correction of invoiced hours - actual delivery was 32 hours not 40 hours as originally invoiced"
• "Quantity error - shipped 18 units but invoiced 20 units"

Calculation Errors:

• "Mathematical error in line item total - 15 units × €25 = €375, not €400 as shown on original"
• "Subtotal calculation error - sum of line items incorrectly calculated"

2. VAT Rate Corrections (Article 15.1)

Wrong Rate Applied:

• "Correction of VAT rate per Art. 15.1 Real Decreto 1619/2012 - 21% general rate applied instead of 10% reduced rate applicable to hospitality catering services per Article 91.1.2 of VAT Law"
• "VAT rate error per Art. 15.1 - 10% rate used instead of 21% general rate applicable to graphic design services"

Reverse Charge Not Applied:

• "Correction to apply reverse charge mechanism - B2B service to EU client with valid VAT ID requires inversión del sujeto pasivo per Article 69.1 of VAT Law"

Export VAT Incorrectly Applied:

• "Correction for export transaction - 0% VAT rate and export notation per Article 21 of VAT Law for goods shipped outside EU"

3. Returns and Cancellations (Article 15.3)

Product Returns:

• "Return of 8 units of Product ABC-500 per return authorization RA-2025-033 dated January 22, 2025 due to client order cancellation"
• "Product return - defective items returned to warehouse on January 18, 2025, documented in delivery note DN-2025-089"

Service Cancellations:

• "Cancellation of consulting services per client notice dated January 15, 2025 - services not delivered due to project cancellation"
• "Event cancellation - training session scheduled for February 10 cancelled by client on January 20"

Full Transaction Cancellation:

• "Complete cancellation of transaction - client contract terminated on January 12, 2025 before service delivery commenced"

4. Discounts and Rebates (Article 15.2)

Volume Discounts:

• "5% volume discount per commercial agreement dated December 1, 2024 - client reached €30,000 quarterly threshold on January 28, 2025"

Loyalty Rebates:

• "Annual loyalty rebate of 3% applied to all Q4 2024 purchases per customer agreement terms"

Commercial Adjustments:

• "10% commercial discount granted as compensation for 7-day delivery delay beyond agreed timeline"

Early Payment Discount:

• "2% early payment discount per invoice payment terms - payment received 15 days ahead of due date"

5. Duplicate or Erroneous Issuance (Article 15.3)

Duplicate Invoices:

• "Cancellation of duplicate invoice - identical services already invoiced under Invoice 2025-0167 dated January 10, 2025"

Wrong Client:

• "Invoice issued to incorrect party - correct client is [Name] CIF X1234567B, original invoice issued to [Wrong Name] in error"

Invoice Issued Prematurely:

• "Cancellation of invoice - issued before contract finalization, contract subsequently not executed"

Invalid or Insufficient Reasons

These examples would be rejected during audits:

Too Vague:

• "Error" - What error? Price? VAT? Quantity?
• "Correction needed" - Why? What's being corrected?
• "Client requested" - On what basis? What's wrong?

No Specificity:

• "Discount given" - What type? What percentage? Based on what agreement?
• "Return" - How many items? Why? Under what authorization?

Legally Invalid:

• "Client complained" - Not a legal basis for VAT adjustment
• "We decided to reduce price" - Post-sale price reductions require commercial justification

Supporting Documentation

For every correction reason, maintain documentation proving:

For Returns:

• Return authorization number and date
• Warehouse receipt showing returned goods
• Photos of damaged items (if applicable)
• Client correspondence requesting return

For Discounts:

• Commercial agreement establishing discount terms
• Sales reports showing threshold achievement
• Management approval for discretionary discounts
• Client correspondence regarding discount

For Errors:

• Original contract showing correct terms
• Internal documentation of error discovery
• Calculation worksheets showing correct amounts
• Client communications about the error

For Cancellations:

• Contract cancellation notice
• Client correspondence requesting cancellation
• Proof that services were not delivered
• Termination agreement if applicable

Store this documentation with the credit note - Factumo allows file attachments on each credit note record.

Timing Requirements for Credit Note Issuance

When you issue a credit note is just as important as how you issue it. Spanish tax law establishes specific timing requirements that affect VAT treatment and audit compliance.

General Timing Rules

For most corrections, Real Decreto 1619/2012 requires credit notes to be issued:

Within the Same Fiscal Year:

• Credit notes correcting current-year invoices should be issued before year-end
• Ensures VAT adjustment appears in correct annual reporting
• Avoids complications with closed fiscal periods

Before Annual VAT Return:

• Credit notes must be issued before filing the annual VAT return (Modelo 390)
• Typically due by January 30 of following year
• Allows proper reflection of VAT adjustments in annual reconciliation

Reasonable Timeframe:

• Issue credit notes promptly after discovering need for correction
• "Reasonable" typically means within the same VAT reporting period (quarterly or monthly)
• Delays raise audit concerns about legitimacy

Specific Timing Requirements by Correction Type

Different correction scenarios have different timing implications:

Price or Quantity Errors

Best Practice Timing: Within 30 days of discovery

Reasoning:

• Error should be evident upon invoice review
• Prompt correction demonstrates good faith
• Client expects timely correction

Example: You invoiced 50 hours but provided 42 hours. Issue credit note within 30 days of month-end when hours are finalized.

Product Returns

Required Timing: Credit note should align with return processing

Timeline:

1. Client requests return authorization (Day 0)
2. Return authorization issued (Day 1-3)
3. Goods received and inspected (Day 5-10)
4. Credit note issued (Day 10-15)

Key Principle: Credit note should be issued after physical return is confirmed but before end of VAT reporting period.

Example: Client returns defective items on March 15. Inspect items March 16-18. Issue credit note by March 25 to include in March quarterly VAT return.

Post-Issuance Discounts

Best Practice Timing: Within VAT reporting period of discount qualification

Scenarios:

• Volume Discount: Issue credit note in period client reaches threshold
• Loyalty Rebate: Issue at end of qualifying period (quarterly/annually)
• Early Payment Discount: Issue in period payment is received early

Example: Client reaches €50,000 quarterly threshold on March 28, earning 5% rebate. Issue credit note by March 31 to include in Q1 VAT return.

Service Cancellations

Required Timing: Promptly after cancellation confirmation

Best Practice: Within 15 days of cancellation notice

Reasoning:

• Cancellation creates immediate obligation to refund
• VAT adjustment should occur in period of cancellation
• Delayed credit notes suggest services were actually provided

Example: Client cancels consulting project February 10. Issue credit note by February 25.

Bad Debt Credit Notes (Article 80 LIVA)

Bad debt situations have strict timing requirements under Article 80 of the VAT Law (Ley de IVA):

Minimum Waiting Period: 90 Days

Requirement: Invoice must be unpaid for at least 90 days from payment due date

Cannot Issue Earlier: Credit note issued before 90-day minimum is invalid for VAT recovery

Calculation: Count from original invoice payment terms, not invoice date

Example:

Invoice Date: January 15, 2025
Payment Terms: Net 30
Payment Due Date: February 14, 2025
90-Day Minimum Expires: May 15, 2025
Earliest Credit Note Date: May 16, 2025

Maximum Deadline: 180 Days

Requirement: Credit note must be issued within 180 days of satisfying 90-day minimum

Calculation: 180 days from when 90-day period ends (effectively 270 days from payment due date)

Consequence of Missing Deadline: Cannot recover VAT paid on bad debt invoice

Example (continuing above):

90-Day Minimum Expires: May 15, 2025
180-Day Window Opens: May 16, 2025
180-Day Window Closes: November 11, 2025
Must Issue Credit Note: Between May 16 and November 11, 2025

Additional Bad Debt Requirements

Notification to Debtor:

• Must notify debtor before issuing credit note
• Notification must include intent to claim bad debt
• Allow reasonable period for payment (typically 10-15 days)
• Retain proof of notification

Documentation Required:

• Proof of original invoice delivery
• Proof of payment attempts (reminders, demand letters)
• Evidence of 90-day unpaid period
• Notification to debtor with proof of receipt
• Credit note referencing bad debt status

VAT Recovery Timeline: Can deduct VAT in quarterly return following credit note issuance

Cross-Period Credit Notes

Sometimes credit notes must correct invoices from prior VAT periods:

Same Calendar Year

Handling: Include in current period VAT return

Reporting: Show as adjustment in period issued, reference original invoice period in records

Example: May credit note correcting February invoice appears in May VAT return (Q2), reducing your output VAT for Q2.

Prior Calendar Year

Handling: More complex, may require amended return

Scenarios:

• Annual return not yet filed: Include adjustment in annual return
• Annual return already filed: May need to file amended return or include in current year with documentation

Best Practice: Consult with tax advisor for prior-year corrections to ensure proper treatment

Example: January 2026 credit note correcting December 2025 invoice:

• If 2025 annual return not filed: Include in 2025 return
• If 2025 return already filed: Depends on amount and nature of correction

Audit Considerations for Timing

Tax auditors examine credit note timing for legitimacy signals:

Red Flags

Suspiciously Timed Credit Notes:

• Multiple credit notes issued just before year-end
• Credit notes issued months after supposed triggering event
• Pattern of period-end credit notes

Suggests: Possible manipulation to reduce VAT liability or shift income between periods

Safe Practices

To Demonstrate Legitimacy:

• Issue credit notes promptly after triggering event
• Document date of event clearly in correction reason
• Maintain contemporaneous supporting documentation
• Avoid clustering credit notes at period boundaries

Example of Good Practice:

Return authorized: March 8, 2025
Goods received: March 12, 2025
Warehouse inspection: March 13, 2025
Credit note issued: March 15, 2025

Correction reason: "Return of 12 units per authorization RA-2025-089
dated March 8, 2025. Goods received March 12, inspected March 13.
Warehouse receipt #WR-2025-445."

This timeline is reasonable, documented, and demonstrates normal business operations.

Factumo Timing Tools

Factumo helps ensure proper timing:

Credit Note Date Validation: Warns if credit note date doesn't align with correction reason

Bad Debt Calculator: Tracks 90-day minimum and 180-day maximum automatically

Period Tracking: Shows which VAT period credit note will affect

Aging Reports: Identify invoices approaching bad debt eligibility

Timing Reminders: Alerts for credit notes requiring prompt issuance

Sequential Numbering Requirements

Sequential numbering is a fundamental requirement of Spanish invoicing law.

The Legal Requirement

Real Decreto 1619/2012 requires:

Sequential Ordering: Credit notes must follow sequential numbering No Gaps: Every number in sequence must be used, no skipped numbers No Reuse: Once assigned, a credit note number cannot be used again Chronological Correlation: Numbers should generally align with chronological order

Why This Matters

Sequential numbering serves critical purposes:

Audit Detection: Gaps in numbering immediately signal missing documents to tax authorities Fraud Prevention: Prevents selective deletion or concealment of transactions Completeness Verification: Auditors can verify they have all credit notes by checking sequence Timeline Verification: Ensures transactions weren't backdated improperly

Numbering Strategies

Several approaches are legally compliant:

Integrated Series

Credit notes share the same sequence as invoices:

2025-0045 - Invoice
2025-0046 - Invoice
2025-0047 - Credit Note (Factura Rectificativa)
2025-0048 - Invoice
2025-0049 - Credit Note (Factura Rectificativa)

Pros: Simpler to maintain, single continuous sequence Cons: Harder to distinguish credit notes at a glance

Separate Series

Credit notes have their own dedicated sequence:

Invoices: 2025-INV-001, 2025-INV-002, 2025-INV-003...
Credit Notes: 2025-CR-001, 2025-CR-002, 2025-CR-003...

Pros: Easy to identify and count credit notes, clearer organization Cons: Must maintain two separate sequences

Prefix/Suffix System

Credit notes use identifier within sequential system:

INV-245 - Invoice
INV-246 - Invoice
CR-247 - Credit Note
INV-248 - Invoice

Pros: Maintains single sequence while identifying type Cons: Slightly more complex formatting

All three approaches are legally valid - choose what works best for your business and maintain it consistently.

Configuration in Factumo

Set your credit note numbering strategy:

1. Go to Settings → Invoice Settings
2. Navigate to Credit Note Numbering
3. Choose your preferred system:
   • Integrated with invoices
   • Separate series
   • Custom format
4. Set prefix/suffix if applicable
5. Save settings

Factumo automatically ensures sequential numbering with no gaps.

Verifactu 2025-2026: Digital Invoicing Requirements

Spain's new digital invoicing regulation (Verifactu) fundamentally changes how credit notes must be created and stored, making certified software mandatory for all businesses.

What is Verifactu?

Verifactu (officially: VERI*FACTU) is Spain's digital invoicing system established by Real Decreto 1007/2023 and implemented through Orden Ministerial HAC/1177/2024. It requires all invoicing software to be certified and provide digital integrity mechanisms.

Legal Basis:

• Real Decreto 1007/2023: Primary regulation establishing VERI*FACTU system
• Orden Ministerial HAC/1177/2024: Technical implementation requirements
• Based on EU Directive 2014/55/EU on electronic invoicing

Mandatory Implementation Timeline

Verifactu becomes mandatory in phases:

January 1, 2026 - Phase 1:

• Large enterprises (annual revenue €6M+)
• Must use certified invoicing software
• All new invoices and credit notes must be Verifactu-compliant
• Non-compliant software becomes illegal for covered businesses

July 1, 2026 - Phase 2:

• ALL businesses and freelancers (autónomos)
• Regardless of size or revenue
• Complete migration required
• Excel and non-certified software prohibited

November 2025 - Software Certification Window:

• Software providers must obtain certification
• Businesses should verify their software status
• Migration planning deadline

Verifactu Requirements for Credit Notes

Every credit note must comply with these technical requirements:

1. Digital Signature / Hash Mechanism

Requirement: Each credit note must have a unique digital fingerprint that proves it hasn't been altered.

Technical Implementation:

• Cryptographic hash of document contents
• Includes: all fields, amounts, dates, parties
• Algorithm: SHA-256 or approved equivalent
• Stored immutably with document

Purpose: Prevents post-issuance modification, ensures document integrity

Example hash reference:

Credit Note 2026-CR-025
Hash: a3f2b9c8d1e4...
Previous Hash: 8c1d4e2f9b3a...

2. QR Code for AEAT Verification

Requirement: Each credit note PDF must include a QR code linking to AEAT verification system.

QR Code Contents:

• Your NIF/CIF
• Credit note number and series
• Issue date
• Total amount (including VAT)
• Document hash
• Link to AEAT verification portal

Usage: Anyone (including tax authorities) can scan QR code to:

• Verify document authenticity
• Confirm it was officially issued
• Check it hasn't been modified
• Validate against AEAT records

3. VERI*FACTU Marking

Requirement: Documents must display official VERI*FACTU marking indicating certification compliance.

Placement: Prominently on PDF, typically in header or footer

Text: "VERI*FACTU - Sistema Certificado de Facturación"

Purpose: Visual confirmation of regulatory compliance

4. Certified Software Requirement

Requirement: Credit notes must be created through software certified by AEAT or authorized certification bodies.

Certification Process:

• Software provider submits application
• Technical audit of compliance features
• Security evaluation
• Certification issuance
• Annual renewal required

Factumo Certification: Factumo will obtain Verifactu certification before mandatory deadlines, ensuring seamless transition for all users.

5. Immutability and Traceability

Immutability Requirement:

• Credit notes cannot be modified after issuance
• Changes require new corrective document
• Original remains permanently in system
• Deletion prohibited (even for errors)

Traceability Requirement:

• Complete audit log of document creation
• User identification for each action
• Timestamp of all operations
• Chain of hashes linking documents sequentially

Implementation: Each credit note links to previous document through hash chain, creating unbreakable sequence.

6. Responsible Declaration

Requirement: Software providers must file a "Declaración Responsable" with AEAT.

Contents:

• Confirmation of technical compliance
• Commitment to security standards
• Software version information
• Provider identification and responsibility acceptance

User Impact: You must verify your software provider has filed this declaration. Using non-declared software carries penalties.

Real-Time Reporting (Future Phase)

Current Status: Not required for Verifactu Phase 1 (2026)

Future Requirement: Spain plans to implement real-time invoice reporting to AEAT, similar to Italian "FatturaPA" or SII enhancement.

Expected Timeline: 2027-2028 (tentative)

What This Means: Credit notes may need to be electronically transmitted to AEAT immediately upon issuance.

Factumo Readiness: We will implement real-time reporting when mandated, ensuring compliance without workflow disruption.

Penalties for Non-Compliance

Using non-certified software or non-compliant credit notes after mandatory dates results in severe penalties:

Minor Infractions (individual non-compliant documents):

• €150 - €6,000 per document
• Applies to isolated compliance failures
• First-time violations, technical errors

Serious Infractions (systematic non-compliance):

• Up to €50,000 or 2% of annual revenue
• Pattern of non-compliant documents
• Intentional use of non-certified software
• Failure to implement required features

Very Serious Infractions (deliberate fraud):

• Up to €600,000 or 15% of annual revenue
• Deliberate circumvention of Verifactu
• Modification of issued documents
• Systematic falsification

Additional Consequences:

• VAT deductions denied for non-compliant credit notes
• Extended audit scope for 7+ years
• Reputational damage
• Criminal investigation for serious fraud

Transition Planning

Prepare for Verifactu compliance now:

For Businesses with €6M+ Revenue (Deadline: January 1, 2026):

Q4 2025 (October-December):

1. Verify Factumo certification status
2. Review all invoicing processes
3. Train team on new requirements
4. Test QR code functionality
5. Establish audit log review procedures

January 1, 2026:

• Begin using certified system exclusively
• Verify all credit notes include QR codes
• Check VERI*FACTU marking on PDFs
• Monitor for compliance alerts

For All Other Businesses (Deadline: July 1, 2026):

Q1 2026 (January-March):

1. Understand Verifactu requirements
2. Verify Factumo certification
3. Plan transition timeline

Q2 2026 (April-June):

1. Train staff on new requirements
2. Update internal procedures
3. Test certified features
4. Prepare for July 1 cutover

July 1, 2026:

• Discontinue any Excel or non-certified tools
• Use certified system exclusively
• Verify all documents are Verifactu-compliant

Common Questions About Verifactu

Q: Can I continue using Excel for credit notes until 2026? A: Yes, until your mandatory compliance date (January 2026 for large businesses, July 2026 for others). After that, Excel becomes illegal for invoicing.

Q: Will my existing credit notes need to be converted? A: No. Verifactu applies only to documents issued after your mandatory date. Historical documents remain valid as-is but must be retained according to 7-year rule.

Q: What if I issue credit notes to international clients? A: Verifactu applies to all credit notes issued by Spanish businesses, regardless of client location. International clients receive the same compliant documents as domestic clients.

Q: Can I issue credit notes manually in emergencies? A: No. After your mandatory date, all credit notes must be generated through certified software. Manual credit notes are non-compliant and carry penalties.

Q: What happens if software loses certification? A: You must immediately switch to certified software. Continue using decertified software is illegal and subjects you to penalties. Factumo commits to maintaining certification continuously.

Q: How do I verify Factumo is certified? A: Check Settings → System Information for certification status and declaration number. Factumo will prominently display certification before mandatory deadlines.

Why Factumo is Ready for Verifactu

Factumo is designed from the ground up for Verifactu compliance:

Built-In Compliance:

• Digital hash generation automatic on every credit note
• QR code creation and AEAT linkage built-in
• VERI*FACTU marking on all PDFs
• Immutable storage architecture
• Complete audit trail tracking
• Sequential numbering enforcement (already compliant with Real Decreto 1619/2012)

Certification Commitment:

• Certification application before mandatory deadlines
• Responsible declaration filed with AEAT
• Continuous compliance monitoring
• Automatic updates for regulatory changes

Zero Disruption Migration:

• No workflow changes required
• Same user interface
• Automatic compliance features
• Transparent to daily operations

Support Throughout Transition:

• Advance notification of certification status
• Transition guidance and training materials
• Compliance verification tools
• Direct support for questions

7-Year Retention Requirement

CRITICAL: Spanish tax law mandates retaining all invoices and credit notes for a minimum of 7 years. This is not optional - it's a legal obligation with penalties for non-compliance.

Why 7 Years Minimum?

The 7-year requirement reflects Spanish tax authority inspection periods:

Standard Inspection Period: 4 years from filing date Extended Period: 6 years for serious infractions Safe Harbor: 7 years ensures coverage even if discovery is delayed Best Practice: Many businesses retain indefinitely for legal protection

Under Verifactu: The 7-year retention aligns with immutability requirements - documents cannot be deleted or modified once created, making permanent retention the practical standard.

Legal Basis

The retention requirement comes from multiple Spanish laws:

General Tax Law (Ley General Tributaria, Article 29): Minimum 7-year retention for all tax-related documents, counted from filing deadline of corresponding tax return

Real Decreto 1619/2012 (Article 19): Specific requirement for invoices and corrective invoices to be retained for tax inspection purposes

VAT Law (Ley 37/1992 del IVA, Article 164): Retention of documents supporting VAT deductions and obligations during prescription period

Verifactu (Real Decreto 1007/2023): Immutable storage requirement effectively mandates indefinite retention for digital documents

What Must Be Retained

Complete documentation including:

Credit Note Documents:

• Original credit note with all fields
• PDF copies or paper documents
• All corrections issued and received

Original Invoices:

• Invoices that were corrected
• Link between credit notes and originals
• Complete transaction history

Supporting Documentation:

• Return authorizations and receipts
• Commercial agreements justifying discounts
• Client correspondence
• Contracts and cancellation notices
• Internal approval documentation

Payment Records:

• Refund confirmations
• Bank transfer records
• Payment adjustments
• Client acknowledgments

Storage Requirements

Documents can be stored in various formats:

Digital Storage

Acceptable formats:

• PDF (most common and recommended)
• Scanned images of paper documents
• Native electronic invoices
• Structured data formats (XML, JSON)

Requirements for digital storage:

• Files must be readable and accessible
• No quality degradation over time
• Secure from unauthorized modification
• Backed up redundantly
• Organized for easy retrieval
• Protected with appropriate access controls

Paper Storage

Acceptable for:

• Original paper invoices and credit notes
• Physical supporting documentation
• Signed contracts and agreements

Requirements for paper storage:

• Protected from damage (fire, water, deterioration)
• Organized systematically for retrieval
• Stored securely against theft or unauthorized access
• Legible throughout retention period

Hybrid Storage

Many businesses maintain both:

• Digital primary storage for easy access and backup
• Paper backup for critical documents
• Scanned copies of received paper documents

Organization and Retrieval

Organize records to enable quick retrieval during audits:

By Year: Store all credit notes by fiscal year By Sequence: Maintain numerical order With Linkages: Link credit notes to original invoices With Support: Attach supporting documentation to each credit note

Example folder structure:

📁 Credit Notes
  📁 2025
    📁 Q1
      📄 2025-CR-001.pdf
      📄 2025-CR-001-supporting-docs.pdf
      📄 2025-CR-002.pdf
      ...
    📁 Q2
    📁 Q3
    📁 Q4
  📁 2024
  📁 2023
  ...

Factumo Automatic Retention

Factumo handles retention automatically:

Unlimited Storage: All credit notes stored indefinitely in your account Automatic Backup: Redundant storage across multiple locations Easy Retrieval: Search and filter to find any credit note instantly PDF Archive: Download all credit notes as PDFs anytime Export Options: Export complete records for external backup Linked Documents: Supporting files attached directly to credit notes

Access your complete credit note archive anytime under Credit Notes → Archive.

Audit Implications

Understanding how tax authorities examine credit notes helps you prepare properly.

What Auditors Look For

During tax audits, the Agencia Tributaria examines:

1. Completeness

Sequential Numbering: Are there gaps in credit note numbering? Missing Documents: Do all credit notes reference findable original invoices? Retention Compliance: Are documents from required periods available?

2. Accuracy

Proper Linkage: Does each credit note clearly reference a specific original invoice? Calculation Accuracy: Are VAT adjustments calculated correctly? Consistency: Do amounts match between linked documents?

3. Legitimacy

Valid Reasons: Are correction reasons specific, comprehensible, and justifiable? Supporting Evidence: Is documentation available to verify the stated reason? Timeline Reasonableness: Were credit notes issued in reasonable timeframes?

4. VAT Treatment

Correct Reporting Period: Were credit notes reported in the period issued? Proper VAT Adjustment: Was VAT increased or decreased appropriately? Rate Accuracy: Are VAT rates correct for the type of correction?

Common Audit Findings

Issues frequently discovered during audits:

Vague Correction Reasons: "Error" or "correction" without specifics Missing Supporting Documentation: No return authorization, no agreement, no evidence Improper VAT Treatment: Credit note VAT not reported in correct period Sequential Gaps: Missing credit note numbers or out-of-order issuance Insufficient Linkage: Unclear which invoice is being corrected Backdating: Credit notes dated improperly to manipulate reporting periods

Consequences of Non-Compliance

Non-compliant credit notes can result in:

Denied VAT Corrections

Outcome: VAT adjustment rejected Result: You remain liable for original VAT amount Impact: Financial loss even if you refunded the client

Example: You issue €1,000 refund with €210 VAT adjustment. Audit finds credit note reason insufficient. VAT adjustment denied. You're still liable for €210 VAT but already refunded client. Net loss: €210.

Fines and Penalties

Minor infractions: €150 - €6,000 per document Serious infractions: Up to €50,000 or 2% of turnover Very serious infractions: Up to €600,000 or 15% of turnover

Severity depends on:

• Number of non-compliant credit notes
• Amount of VAT involved
• Whether pattern suggests intentional fraud
• Prior compliance history

Extended Audit Scope

Non-compliant credit notes raise red flags that trigger:

• Examination of additional fiscal periods
• Deeper scrutiny of all transactions
• Investigation of other tax obligations
• Increased frequency of future audits

Interest on Unpaid Amounts

When VAT corrections are denied:

• Interest accrues from original due date
• Current rate: approximately 3-4% annually
• Compounds over multiple years if discovery is delayed

Protecting Yourself in Audits

Best practices to ensure audit success:

1. Maintain Complete Records

• Every credit note with supporting documentation
• Clear linkage to original invoices
• Organized filing system for quick retrieval

2. Use Specific Correction Reasons

• Detailed explanations of what and why
• Reference supporting document numbers
• Legal basis when applicable (VAT law articles)

3. Ensure Proper VAT Reporting

• Credit notes in period issued
• Accurate calculations
• Separate totals by VAT rate

4. Regular Internal Reviews

• Monthly: Verify all credit notes have documentation
• Quarterly: Confirm VAT reporting accuracy
• Annually: Complete record review and gap analysis

5. Use Compliant Systems

• Automated compliance tools like Factumo
• Sequential numbering enforcement
• Mandatory field validation
• Automatic VAT calculations

Best Practices for Compliance

Implementing these practices ensures ongoing compliance with Real Decreto 1619/2012.

Standardize Your Process

Create documented procedures for credit notes:

Written Policy:

• When credit notes must be issued
• Who can authorize credit notes
• Required approval process
• Documentation requirements
• Quality review checklist

Template Correction Reasons:

• Standard phrases for common situations
• Legally compliant wording
• Fields for specific details
• Required supporting document references

Approval Workflow:

• Initial request documentation
• Management review and approval
• Finance verification
• Final issuance authorization

Train Your Team

Ensure everyone involved understands:

Legal Requirements: What Real Decreto 1619/2012 requires Proper Documentation: What supporting evidence is needed Correction Reasons: How to write specific, compliant reasons System Usage: How to create credit notes in Factumo Red Flags: What mistakes to avoid

Regular Quality Reviews

Implement periodic reviews:

Weekly:

• Review all issued credit notes
• Verify supporting documentation attached
• Check correction reasons for specificity

Monthly:

• Audit sequential numbering (confirm no gaps)
• Verify VAT calculations
• Review approval compliance

Quarterly:

• Reconcile credit notes with VAT reporting
• Analyze patterns (frequent corrections indicate process issues)
• Update procedures based on lessons learned

Annually:

• Complete compliance audit
• Document retention verification
• Staff training refresh
• Policy updates

Leverage Technology

Use Factumo's compliance features:

Automatic Compliance:

• All mandatory fields enforced
• Sequential numbering guaranteed
• VAT calculations automated
• "Factura Rectificativa" designation automatic

Documentation Management:

• Attach supporting files directly
• Link credit notes to original invoices automatically
• Store all documents with credit note record
• 7-year retention automatic

Audit-Ready Reports:

• Complete credit note register
• VAT adjustment summaries
• Sequential numbering verification
• Supporting documentation index

Compliance Alerts:

• Missing documentation warnings
• Incomplete correction reasons flagged
• Sequential gaps detected
• Unusual patterns highlighted

Next Steps

Now that you understand the legal requirements:

• Understanding Credit Notes - Comprehensive guide to credit note creation and use
• Spanish Requirements - General Spanish invoicing compliance
• Managing Invoices - Complete invoice lifecycle management

For deeper background on the regulatory framework, read our blog article Real Decreto 1619/2012: Understanding Credit Notes in Spain.

Questions about compliance? Contact support at support@factumo.com