The Law creates and grows provides for fines of up to 10,000 euros for SMEs that do not have the digital invoice in two years

The law offers a period of 2 years for SMEs to implement electronic invoicing, benefiting from the subsidies that are being offered through the Digital Toolkit.

Congress gave the green light last Thursday to the Business Creation and Growth Law, which is intended, on the one hand, to facilitate the creation of companies, and on the other hand, to fight against commercial delinquency and promote the growth of SMEs.

However, with the approval of this measure and from the moment it is published in the BOE, SMEs have a period of 24 months to incorporate the digital invoice into their businesses before they can receive fines of up to 10,000 euros if they do not count with these systems.

The regulation, which includes measures to promote the creation of companies, such as the possibility of creating a Limited Liability Company with 1 euro and facilitating its constitution in an agile and electronic way, also incorporates rigid elements to combat delinquency and tax fraud, How is the implementation of these digital systems.

The obligation to issue and send electronic invoices is extended in all commercial relations between companies and the self-employed, which will guarantee greater traceability and control of payments. This measure, in addition to reducing transaction costs and representing progress in the digitization of company operations, will make it possible to obtain reliable, systematic and agile information on effective payment terms, an essential requirement to reduce commercial delinquency.

On the other hand, there will be sanctions of up to 10,000 euros for those small and medium-sized companies that do not have the digital invoice incorporated within a period of two years that now begins.

European subsidies

To support this measure in the 2025 Digital Agenda and in the Recovery, Transformation and Resilience Plan, subsidy programs have been proposed that will allow the acquisition of more than 3,000 million euros in subsidies from European Next Generation funds, states the law in which urges the adoption of electronic invoicing «obtaining a subsidy to use in the contracting of electronic invoicing products or services in the market and ensuring its effective implementation.

On this point, the Government considers it reasonable to grant smaller companies a longer period of time "to comply with this obligation."

Therefore, the deployment of the so-called Digital Toolkit - the name given to the digital invoicing system - will allow SMEs to have a longer transition period to adapt and have the necessary support given that this operation could be more expensive for these companies. . Thus, a period of up to two years for adaptation is established for them, before their use is mandatory and entails sanctions in case of non-compliance with the mandate.

In this way, the Government establishes that companies that, being obliged to do so, do not offer users the possibility of receiving electronic invoices or do not allow access to their invoices to people who have ceased to be customers, "will be sanctioned with warning or a fine of up to 10,000 euros.