A corrective invoice It is used to correct another original invoice in which there is an error and some data has to be modified or added. They are necessary documents because an original invoice cannot be altered or corrected, so if there is any mistake, it must be corrected.

So, when should a corrective invoice be issued? In any case? Is there any obligation to issue these types of invoices? Next, we are going to see in which cases a corrective invoice must be issued, when it must be done and what it must contain.

Cases in which to issue a corrective invoice

According to the Tax Agency, there are certain cases in which it is mandatory to issue a corrective invoice:

  • When the original invoice does not meet any of the mandatory requirements in articles 6 and 7 of the Billing Obligations Regulation. These articles are those that establish the content of the invoice and that of the substitute documents, respectively.

  • In the event that any of the circumstances giving rise to the modification of the VAT tax base had occurred. These are established in article 80 of Law 37/1992 and are situations such as: returns of containers, defaults, changes in prices, discounts, etc.

When any of the above situations occurs, a rectification should be issued. However, from the Treasury they warn that the tax quotas passed on in the following cases will not be rectified:

  • When the causes of the modification are not indicated in article 80 of Law 37/1992 and it involves increasing the fees passed on and the recipients of this increase do not act as those responsible for the tax or businessmen. As an exception, if there is a legal increase in tax rates, the rectification can be made in the month in which this increase came into force and the following.

  • In the event that the Tax Agency itself states in the settlements that there are tax amounts accrued and not passed on that are higher than those declared by the employer and they had committed fraud or should have known that they were carrying out a fraudulent operation.

Content of corrective invoices

Once the appropriate conditions are met to issue a corrective invoice, it It must be issued at the time when there is proof of it. There is only one exception, and that is that four years cannot have passed since the tax was accrued, or since some of the circumstances established in article 80 of Law 37/1992 occurred, which is the one that supposes the modification of the VAT tax base.

To issue a corrective invoice, its condition must be explicitly indicated as such, as well as the reason which has been rectified. In this sense, the new invoice must include the data that identifies the original invoice, the period in which it is produced (in the case of discounts for volume of operations), the rectification that has been carried out and must include all the requirements that establishes the regulation

In the event that the original invoice had a material error that does not meet the requirements of articles 6 and 7 of the billing regulations, a corrective invoice must be issued with a special series. The same thing happens when there is an error based on law, not correctly determining the amount passed on or any circumstance in which the tax base had to be modified.

If an entrepreneur or self-employed considers that a corrective invoice should be issued for other reasons, it must be justified and make a request to the Treasury. The tax management department may authorize other procedures, if they deem it appropriate.

Types of corrective invoices

Corrective invoices, in turn, can be made for two reasons: substitution or differences.

  • A corrective invoice for replacement must report the rectification that has been made indicating the amount of the change. In other words, two invoices must be registered: the erroneous one, with negative amounts, and the corrective one. For example, in an invoice with a tax base of -1,000 euros and a fee of -210 euros and the amendment with the base of 800 euros and the fee of 168 euros.

  • A rectifying invoice for differences must directly indicate the amount of the rectification, without the sign being taken into account. For example, with the same data as in the previous case, only one invoice must be registered in which the rectified amount is reported: an invoice with a tax base of -200 euros and a fee of -42 euros.

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