In its recent binding consultation (CV 1313 – 18, of May 21), the Spanish General Directorate of Taxes clarifies that the accounting registry of an invoice is considered as that of recording it into the accounting system, irrespective of the date reflected in the accounting entry.
This date of recording determines the date for submission of the received invoices. Consequently and once the received invoice has been recorded, the billing records must be submitted through SII (Immediate Supply of Information on VAT), within the four calendar days term. In any case, such provision must be done before the 16th day of the subsequent month to the liquidation period, in which the transactions have been included.
✔ In the case of the sent invoices, the deadline for their remission is 4 calendar days from their issue date, excluding Saturdays and Sundays or official national holidays. For these purposes, it is important to take into account:
- The date of accrual: generally, the date of the transaction. In the case of advanced payments, it is the collection date.
- The issue date: the date on which the invoice is issued. Here we must distinguish whether the recipient:
- Is acting as a VAT entrepreneur or professional: the invoice must then be issued and sent at the same time that the transaction is carried out.
- Is not acting as a VAT entrepreneur or professional: the invoice must then be issued before the 16th of the month following in which the accrual of the tax occurs.
To this extent, if we have a transaction that accrues on the 5th September 2018:
- The deadline for the issue of the invoice to a VAT taxpayer: 15 October 2018.
- The final date for the remittance of the invoice record, if it is issued on 15 October 2018: 15 October 2018.
- The period in which the invoice must be declared: September 2018 or the third trimester of 2018, depending on whether the taxpayer files monthly or quarterly.
✔ Regarding the received invoices, the deadline is also 4 calendar days from the accounting record of the transaction. In this case, we must take into account:
- The date of the receipt: generally, the date on which the invoice is received, with specific conditions in the case of certifications of work and ongoing transactions.
- The accounting record date: the date of entry into the accounting system regardless of the date reflected in the accounting entry, following the recent resolution of the GDT.
To this effect, if we have as date of receipt of an invoice 14th September 2018 and the date of the accounting register is 17th September 2018:
- The deadline for the invoice registry submission: 21st September 2018.
- The period in which the invoice must be declared: September 2018 or the third trimester, depending on whether the taxpayer files monthly or quarterly.