The Administration clarifies its criteria on the obligation to keep the Books Records of invoices issued and received, through the SII (Immediate Supply of VAT Information) of the Tax Agency.
A company that provides services subject to and exempt from Value Added Tax, considers the obligation to include all invoices in the record book of invoices issued and in the receiptbook, through the Immediate Supply of Information.
This company provides services subject to and exempt from VAT and, taking into account its volume of operations, is obliged to keep the books through the electronic headquarters of the AEAT.
When in doubt as to whether you should list all the invoices received and issued in the information
Referring to the SII, it consults the DGT, which concludes that:
Prior to the introduction of the SII, it was understood that (DGT CV 26-2-07, V0373-07):
- in so far as the consultant is not obliged to issue an invoice, it is not necessary to keep the record book of invoices issued; and
- when the activity is exempt from tax and, therefore, there is no right to deduct the fees incurred, it is not necessary to keep the record book of invoices received.
However, the above criterion cannot be maintained. Thus, the following is established:
- the keeping of the record book of invoices issued is not mandatory when the consultant is not obliged to issue an invoice;
- and it is mandatory to keep the record book of invoices received,regardless of the exemption.
Based on the above, the DGT, in this case, concludes that by exceeding the volume of operations of the entity 6,010,121.24 euros, it is obliged to keep the record books through the SII. For the invoice issued, for being obliged to issue an invoice for its subject but exempt health activity; and for those received, as it is mandatory regardless of the exemption.
The VAT Record Books
Entrepreneurs or professionals, taxpayers of the tax, must keep, in general, the following record books (RIVA art.62.1) up to date:
- Record book of invoices issued.
- Record book of invoices received.
- Register book of investment goods.
- Record book of certain intra-Community transactions.
- In addition, a special register book of receipts issued by purchasers of goods or services to taxable persons covered by the special regime for agriculture (RIVA art.49.2) must be kept.
However, the obligation to keep these books does not affect the following activities:
- activities covered by the simplified special schemes, REAGP, the equivalence surcharge and the one applicable to services provided electronically, except as provided for these schemes in the special rules governing them;
- and occasional intra-Community supply of new means of transport exempt from tax.
Where a taxable person has several establishments in the TIVA, he may keep the books indicated in each of them, provided that the entry summaries of them are transferred to the general registers to be kept at the tax domicile.
Which registration books are mandatory?
According to current tax legislation,and depending on the tax and the type of regime, these are the types of Books that, in general terms, must be mandatory for companies: