Sovos has put together an economic nexus thresholds table to keep you informed of each state’s effective and pending remote sales tax collection legislation.
Reminder: Remote sellers may have obligations if your sales exceed these thresholds. As such, the ability of your tax compliance software to provide always-up-to-date “roof-top” accuracy sales tax rates for any new jurisdictional obligations should be taken into consideration. Also, be sure to work with your out of state suppliers on how to handle invoicing sales and use tax, and make sure any customers with exemptions in economic nexus states have provided up-to-date exemption certificates. Likewise, some states are creating special filing regimes for eCommerce sellers to simplify the filing process, so be sure to check if you’re eligible to avoid errors.
As always – deciding whether or not to register for sales tax in a given jurisdiction is a serious decision – consider involving your accountant or trusted tax advisor if you have any questions or concerns.
Electronic invoicing in Colombia, often referred to as Colombia facturacion electronica, is mandated for established taxpayers. While it was an early mover in giving legal weight to e-invoices, Colombia’s mandate only came into effect in 2019 and has been subject to change since.
Understanding the specificities of the rules of overall tax compliance is vital. That’s why Sovos’ regulatory experts have produced this complete overview of Colombia e-invoicing. Bookmark this page to stay up to date with the latest requirements.
1. Characteristics of electronic invoicing in Colombia
2. Electronic invoicing law in Colombia
3. How does an e-invoice work in Colombia
4. Benefits of using e-invoicing in Colombia
5. Timeline of e-invoicing in Colombia
6. Penalties: What happens if I don’t comply to e-invoicing in Colombia?
7. How to choose the right e-invoicing software in Colombia?
All companies are required to issue electronic sales invoices with prior validation before issuance. Companies must enable themselves as electronic issuers through the web portal assigned by the DIAN.
Suppliers must also certify as Technology Services Providers (PST) and receive a unique software identifier. The standard format used is XML, following the UBL V2.1 (Universal Business Language) adopted by the DIAN.
A digital signature is mandatory to ensure authenticity and integrity throughout the invoicing process.
Invoices must use a consecutive numbering system assigned by the DIAN, along with a Unique Electronic Invoice Code (CUFE) for identification and data integrity. Issuers must create a graphic representation of the invoice in PDF format, including a QR code.
Both issuers and recipients must archive invoices for the period established by the tax statute.
Starting in November 2020, electronic invoicing became mandatory for all taxpayers – including B2G transactions. All suppliers must issue electronic invoices and buyers are required to receive them. Buyers do not need to validate the invoice, but they can accept or reject it.
The electronic invoice is the evolution of the traditional invoice. It has the same validity as paper in a legal sense, but it is generated, validated, issued, received, rejected and preserved electronically. In tax terms, it supports sales transactions of goods and/or services.
All electronic sales invoices for tax recognition must be validated prior to their issuance by the Special Administrative Unit of the National Tax and Customs Directorate (DIAN).
The electronic sales invoice will only be classed as issued when it is validated and delivered to the purchaser – providing it also complies with the conditions, terms and technical and technological mechanisms established by the DIAN.
In the context of electronic invoicing in Colombia, equivalent documents are digital receipts issued by the DIAN (National Tax and Customs Directorate) for transactions that do not require a sales invoice.
The Electronic Equivalent Document is defined as a document that:
Adjustment notes are included for the electronic equivalent document and have been created as a mechanism for their cancellation or correction.
An electronic sales receipt is a receipt that is issued to final consumers. It does not generate tax credit and its structure is less complex than electronic invoices.
Credit and debit notes are documents that allow adjustments or corrections to be made to electronic invoices. They must be generated and transmitted electronically to the DIAN for validation.
This document is a type of invoice that must be issued by the buyer when purchasing goods or services from persons not responsible for VAT.
These documents must be issued to support export and import operations, in addition to other documents related to customs operations.
Other related documents include those supporting expenses, deductions and other types of electronic media that facilitate compliance with tax obligations.
Electronic Invoicing is mandatory in Colombia for businesses that are registered for Value Added Tax (VAT).
The mandate follows a pre-clearance model which came into effect in January 2019, starting with large taxpayers. It became mandatory for all taxpayers as of November 2020, covering B2G, B2B and B2C transactions.
Colombia requires suppliers to issue e-invoices and buyers have to either accept or reject them, though they do not need to validate the document. DIAN, the country’s tax authority, must clear the electronic invoices before they can be sent to the buyer – without clearance, the receipt cannot be issued and the goods cannot be shipped.
For more specifics on Colombia facturacion electronica (e-invoicing), read on.
The electronic invoicing mandate in Colombia applies to the following documents and transactions:
Electronic invoices: Required in B2B transactions and when generating tax credit. The validity of this document is subject to strict compliance rules covering structure, issuance and validation.
Electronic equivalent documents: The following are currently considered equivalent to electronic invoices:
Electronic sales ticket: The voucher issued to final consumers. It does not generate tax credit and its structure is less complex than electronic invoices.
Electronic debit and credit notes: Issued by the seller to recover expenses or accredit cancellations, discounts or other modifications to issued electronic invoices and tickets. Like electronic invoices, such notes must be pre-validated.
Document for payments in favour of the non-VAT-responsible: A type of invoice that must be issued by the buyer when purchasing goods or services from people not responsible for VAT.
Receipt for work income: Must be issued according to the format established in the technical documents of the electronic invoice when disbursements related to the taxpayer’s payroll are made, including parafiscal and social security contributions.
Electronic export and import invoice: Must be issued to support export and import operations, in addition to other documents related to customs operations. So far, only electronic export invoices have been developed and put into production.
Other documents: Expense support documents, deductions and other types of electronic media that facilitate compliance with tax obligations.
The standard e-invoicing format for e-invoices in Colombia is XML. This format follows Universal Business Language (UBL) V2.1.
The XML document is generated, comprised of the information that Colombia’s tax authority requires, and then signed with a digital certificate. From there, the taxpayer’s certified software validates the data, as well as both the issuer and recipient, and reports the transaction to the DIAN.
The tax authority will then record the document, assign a unique e-invoice number, notify the issuer that it has been processed successfully and deliver the XML to the issuer.
The Clave Única de Facturación (CUFE) code enables electronic invoices to be identified unequivocally. It’s also known simply as a unique electronic invoice code and is comprised of data from an invoice and the Technical Control Content Key provided by the tax authority.
The CUFE code also ensures the integrity of documents by using SHA384 encryption.
As well as being in the XML format with a digital signature and unique e-invoice code (CUFE), valid e-invoices in Colombia must include a QR code. This is mandated by law and is possible via certified technology providers like Sovos.
For customers who cannot receive electronic invoices, they are sent a QR Code invoice for the transaction.
One of the changes in Resolution 000012 saw the DIAN modify the e-invoicing law to implement the use of the electronic container. The electronic container is a mandatory electronic instrument used to include the information of the electronic sales invoice, debit notes, credit notes and general electronic information derived from the systems of billing – along with the validation carried out by the DIAN where applicable.
This modification means that e-invoices must utilise digital signatures to guarantee the authenticity and integrity of the document. The issuer must digitally sign the invoice to the standards laid out by the regulation and the tax authority’s signature policy.
Colombia’s electronic invoicing system contains multiple processes that the electronic biller, the DIAN, the technology providers and the electronic receivers or purchasers participate in.
Once the electronic biller complies with the authorisation requirements, they can start generating electronic invoices and equivalent documents.
Among the most important processes of this generation system are the following:
Validation: Colombia’s current electronic invoicing system requires invoices, and other documents issued by the person responsible for electronic invoicing, to be validated by the DIAN before being issued to their recipient.
Once this process is completed, the DIAN will proceed to register the electronic document in its databases with the value “document validated by the DIAN” while generating, signing, storing and sending a validation message to the electronic biller for its issuance and delivery to the acquirer.
Receipt of electronic documents: Electronic billers must also act as electronic receivers. To do this, they must establish an email to receive electronic sales invoices issued by their suppliers and other documents subject to the electronic invoice mandate.
This obligation is fulfilled by issuing an acknowledgement of receipt by the recipient and should only be done when the document issued has been validated by the DIAN. From a commercial point of view, if the recipient of the document agrees with the document received then they must formally accept it.
If the document does not comply with the commercial conditions agreed with the supplier, they must commercially reject the document and the associated acknowledgement of receipt issued. If, after receiving the document, the recipient does not reject it within three working days from the day indicated in the deliveryDate field (or in the issueDate field), the document will be considered tacitly accepted.
Contingency: The current electronic invoicing legislation states that if the taxpayer is unable to issue an electronic invoice, or any of the other equivalent documents, due to technological problems attributable to the DIAN, they may issue the document supporting the transaction without the validation of the DIAN.
These documents may be invoices in a paper checkbook. In such situations, the taxpayer must use the billing ranges authorised by the DIAN. After the contingency situation is over, the obligor will have a period of 48 hours to send these documents to the tax authority for validation.
The RADIAN: RADIAN is an information system that allows the circulation and traceability of e-invoices as a security title, hereinafter referred to as an electronic sales invoice value title.
Once an electronic sales invoice becomes a value title and is registered in RADIAN, negotiation is possible for the legitimate holder and/or through agents and/or operators authorised by the Ministry of Commerce, Industry and Tourism.
There are other processes aimed at guaranteeing the negotiation, transfer, endorsement and execution of said document.
Issuance and delivery of the sales invoice and/or the equivalent document: The issuance of the sales invoice or equivalent document includes its generation, transmission, validation and delivery to the purchaser for each of the sales operations and/or provision of services carried out.
The issuance of these documents must comply with the applicable legal requirements, as well as with the special requirements and the conditions, characteristics, terms and technical and technological mechanisms developed by the DIAN.
There are a host of benefits that come with e-invoicing, including:
Those who do not meet the requirements of Colombia’s e-invoicing mandate may well face repercussions.
The current sanctioning system of the regime of Colombia is regulated by the provisions of article 652-1 of the Tax Statute, which basically provides for two types of sanctions. Non-compliance may result in fines of up to 1% of the value involved in invalid invoices, or the closure of establishments for up to 30 days.
When choosing e-invoicing software for Colombia, it’s crucial to consider the future. The DIAN has already introduced changes to the electronic invoicing regulations and there is a high probability that more alterations will come. The ideal compliance partner is one that combines technology with knowledge, flexibility and foresight – a partner that evolves as regulations do.
Another consideration should be the nature of your business. You could choose a point solution, but it’s more efficient to use a solution that covers all facets of tax compliance – not just in Colombia but everywhere you do business. Sovos can help.
Businesses that provide taxable goods or services in Colombia may need to register for VAT. The VAT registration process is done through the single tax registry (RUT). Once registered, the taxpayer identification number (NIT) is obtained.
Foreign businesses cannot directly register for indirect taxes in Colombia as non-residents. Foreign traders must form a permanent establishment in Colombia and register for indirect taxes.
In Colombia, all VAT-registered businesses are required to send and receive invoices electronically. All taxpayers must establish themselves as electronic invoice issuers through the tax authority’s web portal and then issue e-invoices for transactions.
Colombia’s e-invoicing regime is mandatory for all businesses that are registered for VAT. That said, there are some exclusions like financial institutions, companies with an income below a particular threshold and other segments of business.
Any VAT-registered business that is established in Colombia is required to meet the demands of the tax authority’s electronic invoicing mandate.
You can view the electronic invoice in two ways:
Using a software authorised by the DIAN to open and verify the electronic container. The software must be able to read the XML format and the digital signature of the invoice. You can use the free DIAN upload portal or a third-party software provider.
Scanning the QR code of the invoice with your smartphone or tablet. The QR code will redirect you to the DIAN website, where you can see the invoice details and download it in PDF format.
DIAN registration, testing and enablement are the steps that a taxpayer must follow to become an authorised issuer of electronic invoices in Colombia.
The process consists of the following stages:
Registration: The taxpayer must register in the Unique Tax Registry (RUT) and obtain a digital certificate to sign the electronic invoices. The taxpayer must also choose a software provider to generate, transmit and validate the electronic invoices.
Testing: The taxpayer must perform a series of tests to verify the correct functioning of the software and the compliance with the technical and legal requirements established by the DIAN. The tests include the generation, transmission, validation and consultation of electronic invoices – as well as the management of contingencies and errors.
Enablement: Once the taxpayer passes the tests, the DIAN will enable the taxpayer to issue electronic invoices in the production environment. The taxpayer will receive a notification and a number of authorisation of numeration (NAN) to start issuing electronic invoices.
The monthly billing value is calculated by adding the net sales value, the VAT value and the consumption tax value. The monthly billing value must be reported to the DIAN through the electronic invoicing system and must be paid within the deadlines established by the DIAN.
Sovos is certified by the DIAN to provide e-invoicing technology and solutions to eligible taxpayers in Colombia.
With electronic invoicing becoming more common globally, following the lead of Latin American countries like Colombia, it is important that you prioritise compliance.
The global – yet fragmented – adoption of e-invoicing solidifies the need to choose a single vendor for complete compliance, wherever you do business. Sovos is a tax compliance partner you can trust.
Focus on what truly matters: speak with a member of our team today to begin reclaiming your time.
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In 2018, Hungary established a legal framework requiring taxpayers to use a designed schema to report invoice data to the tax authority (NAV) in real-time for domestic transactions above a minimum VAT amount.
Due to the success of this measure, the scope of the mandate has been extended to include a wider range of transactions, and the earlier thresholds have been abolished. The impact of the mandate is now broadly felt in Hungary where all transactions between domestic taxable persons must be reported to the NAV, regardless of the amount of VAT accounted.
1 July 2018: Mandate applies to all taxable persons to report invoice data in real-time to the National Custom and Tax administration of Hungary for domestic transactions with a minimum VAT amount of 100,000 HUF.
1 July 2020: The VAT threshold was abolished and all domestic transactions between taxable persons in Hungary must be reported regardless of the VAT accounted.
1 January 2021: Reporting obligations include B2C invoice issue and B2B intra-community supplies and exports.
1 January- 31 March 2021: The Ministry of Finance granted a sanction-free three-month grace period to comply with new reporting obligations and to give businesses time to transfer from the current version (v 2.0 XSD) to the new version v3.0 XSD.
1 April 2021: Mandatory usage of the new version (v3.0 XSD) begins.
Failure to report the invoices in real-time could lead to an administrative penalty of up to 500,000 HUF per invoice not reported.
Additional penalties would apply for non-compliance with the invoicing software requirements.
Understand more about Hungary’s NAV system, how to file invoices, when businesses are required to comply and how Sovos can help.
Sovos enables businesses to stay up to date with the latest requirements and technical specifications so they can effectively connect with the NAV and honour their VAT compliance obligations.
In 2020, Greece introduced a continuous transaction controls (CTC) scheme, called myDATA – an e-audit system. myDATA requires taxpayers to transmit transactional and accounting data to the tax administration, in real-time or periodically, which populates a set of online ledgers maintained on the government portal.
The goal of myDATA is for the online ledgers to be the only source of truth of the taxpayer’s tax and financial results, and for their respective information to pre-fill the taxpayer’s VAT returns and financial statements.
The myDATA scheme applies to Greek taxpayers obligated by law to keep their accounting records as per the Greek Accounting Standards. It covers B2B, B2G, and B2C transactions.
myDATA eBooks record: a summary of income and expense transactions, classifications of transactions, accounting adjustments which aim to provide a comprehensive overview of the taxpayer’s accounting and tax results.
When businesses file their tax returns, the data declared in them will be reconciled against the data in the eBooks.
A discrepancy between the eBooks and the tax returns triggers a two-phased reconciliation process whereby the taxpayer should correct the resulting difference, otherwise audits or penalties will be incurred.
The myDATA portal requires the reporting of:
Suppliers and buyers must each classify transactions into subcategories, such as revenue from sale of goods, expense from acquisition of services, revenue from provision of services, expense from amortization, expense from intracommunity purchase of goods etc.
The required data must be reported in different filing frequencies depending on the type of data and the data transmission method.
In principle, myDATA filing frequencies are:
Data transmission methods can include ERP, manual upload and central e-invoicing application (timologio).
Issuers and recipients must report different documents to myDATA.
Issuers:
Issuers must report revenue from the different types of transactional and accounting documents they issue. Examples of documents issuers need to report include B2B/B2G/B2C invoices, transport documents, payroll, depreciation, contracts etc.
Recipients:
Recipients must report expenses from different types of transactional and accounting documents they receive. Examples of documents recipients need to report include domestic B2C invoices, B2B/B2C invoices from foreign suppliers, utility bills, credit notes, payroll, amortizations, contracts etc.
Additionally, if domestic issuers have not reported their required data to the myDATA platform, recipients must report them as omissions or deviations.
All businesses:
All businesses (issuers and receivers) must send classifications for their transactions, e.g. as revenue from sale of goods, expense from acquisition of services, expense from amortization, expense from intracommunity purchase of goods etc.
For the latest deadline changes, follow our Greece myDATA blog for updates.
Failure to achieve consistency between the data registered in the e-books and the reported data in the tax returns triggers penalties or tax audits.
Penalties were established in December 2023, through Law 5073/2023 (FEK A’ 204) on “Measures for the limitation of tax evasion and other urgent provisions” in the event of failure and overdue submission of the required data, as well as in the event of violation recurrence within five years.
The penalties relate only to violations of the compliant reporting of income from invoices and other accounting entries (not expenses), as well as the recently introduced e-transport document. The implementation timeline and other details about the adopted penalties is yet to be published.
Sovos serves as a true one-stop-shop for managing VAT compliance obligations in Greece and CTC compliance obligations across the globe. Sovos uniquely combines local excellence with a seamless, global customer experience.
Reporting and transmission of data to the myDATA platform is currently mandatory for taxpayers, but gradual implementation of myDATA is ongoing and deadlines and requirements continue to be updated.
The myDATA scheme applies to Greek taxpayers obligated by law to keep their accounting records as per the Greek Accounting Standards. It covers B2B, B2G, and B2C transactions.
The required documents are reported to myDATA through the following methods: the ERP, e-invoicing via accredited service provider, manual upload, central e-invoicing application (‘timologio’), fiscal devices (FIM).
Sovos has put together a marketplace facilitator sales tax collection requirements table to keep marketplace sellers informed of each state’s effective and pending remote sales tax collection legislation and responsibilities based on physical or economic nexus status.
Reminder: Remote sellers may have reporting and/or collection obligations if conducting business through a marketplace. As such, the ability of your tax compliance software to provide always-up-to-date “roof-top” accuracy sales tax rates for any new jurisdictional obligations should be taken into consideration. Also, be sure to work with your out of state suppliers on how to handle invoicing sales and use tax, and make sure any customers with exemptions in economic nexus states have provided up-to-date exemption certificates. Likewise, some states are creating special filing regimes for eCommerce sellers to simplify the filing process, so be sure to check if you’re eligible to avoid errors.
As always – deciding whether or not to register for sales tax in a given jurisdiction is a serious decision – consider involving your accountant or trusted tax advisor if you have any questions or concerns.
Stay up to date on Marketplace and other regulatory updates with our Regulatory Analysis Feed.
From 1 July 2021, the EU will introduce its e-Commerce VAT Package. The package replaces existing distance-selling rules and extends the Mini One Stop Shop (MOSS) into a wider-ranging One Stop Shop (OSS).
This represents a significant change to VAT rules for B2C supplies of goods and services, both as imports to the EU as well as intra-EU trading. The new, significantly lower pan-EU threshold of €10,000 (€0 for businesses established outside the EU) will impact most businesses and they will need to account for VAT on more supplies.
Compared to the requirement for multiple VAT registrations under longstanding distance selling rules, with the OSS simplification, businesses may be able to register in one Member State and report all EU transactions through a single OSS return filed periodically. Payments are collected and distributed from the tax authority in this Member State to others where the VAT is due.
The EU e-Commerce VAT Package introduces three schemes under OSS:
From 1 July 2021: The EU e-Commerce VAT Package is due to come into effect. Whether or not a business decides to use the OSS schemes, they will have to account for VAT in all countries where they have a VAT liability. This may result in additional VAT registrations being required.
Failure to submit returns and make payments or notify the relevant tax authority of a significant change in supply chain (e.g. warehouse) on time can result in penalties. These can be imposed in each Member State where VAT is due or even expulsion from the scheme. Consequently, the penalisation of a single late return in multiple countries creates significant exposure to penalties.
Repeated noncompliance can lead to exclusion from the OSS schemes. The taxpayer then needs to register for VAT in all Member States where it has a VAT liability.
If expelled from the scheme, the two-year exclusion period could have significant commercial consequences as compliance costs are likely to increase and new VAT numbers will be required urgently.
Exclusion from IOSS may require the business to change its commercial arrangements with its customers which could have a significant impact on sales or increase compliance costs.
Implementing the changes required to comply with the EU e-Commerce VAT Package into your ERP system could take significant time and resources. Sovos can help ease the tax burden and help you prepare for and understand the right solution for your business.
Our large advisory team can help you navigate the complexities of modern VAT compliance.
Contact us to discuss how we can help your company prepare for the digital future of tax.
Italy was the first country in the region to introduce a clearance e-invoicing model with the Sistema di Interscambio (SdI) platform. Seeking to close one of Europe’s most significant VAT gaps, the government has steadily improved its Continuous Transaction Controls (CTC) system.
Beginning with B2G e-invoicing in 2014 and extending to cover domestic B2B and B2C e-invoices in 2019, Italy became the first EU country to make B2B e-invoicing mandatory through a clearance process.
This overview will:
B2B e-invoicing in Italy applies to:
B2G e-invoicing in Italy applies to:
Sovos ensures compliance with all SdI e-invoicing and VAT requirements in Italy including CTC e-invoicing, reporting and e-archiving. All you need to do is work with us and you can use our solution that connects directly with the SdI.
Want to learn more about e-invoicing?
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Eastern Europe is another region adopting e-invoicing. Find out more in our ebook, VAT Digitization in Eastern Europe
E-invoicing in Italy is mandatory for the majority of the B2B, B2C and B2G invoices. Suppliers performing activities classified as “Commercio al minute e attivitá assimilate” are exempt from the obligation of issuing e-invoices, unless their customers so request them; on the other hand, those suppliers are required to electronically transmit a daily aggregate report (It.: Scontrino Elettronico). Reporting of cross-border transactions through the SDI in the FatturaPA format is also mandatory.
The tax authority requires all invoices in the Fattura PA XML schema format. Transmission of e-invoices happens through the Sistema di Interscambio. E-invoices must be cleared by the tax authority. The Italian tax authority delivers the legal cleared e-invoice to the recipient.
With ease. Our solution connects securely with the SdI, freeing you from the burden of knitting together different systems and platforms.
The Italian mandate for electronic invoicing contains an additional set of requirements for archiving, called conservazione sostitutiva. These requirements are not present in other countries and are not part of the standard scope of SAP Document Compliance.
The term conservazione sostitutiva refers to a long-term preservation process required for compliant archiving of e-invoices in Italy. E-invoices must be preserved after being archived by grouping them together in a so-called ‘package’, and providing that e-invoice package with a qualified digital signature or seal and a time reference.
This process must be completed no later than three months after the deadline for the submission of the annual fiscal declaration at the end of the fiscal year. E-invoice preservation is an integral feature of Sovos eArchive for invoices stored under Italian law.
Need help to ensure compliance with all SdI e-invoicing and other VAT requirements in Italy?
Our experts continually monitor, interpret and codify these changes into our software, reducing the compliance burden on your tax and IT teams.
Discover how the Sovos solution takes care of all the evolving CTC e-invoicing, reporting, and compliant e-archiving obligations in Italy.
Mexico has one of the most sophisticated electronic invoicing systems in Latin America. Known locally as Comprobante Fiscal Digital por Internet, or simply CFDI, it was established in 2011, when it replaced the CFD or Comprobante Fiscal Digital. The difference between these two types of receipts/certificates that replaced the paper invoice is that the CFDI requires validation by an Authorized Certification Provider, also known as PAC. In some cases such validation can be done directly with the Tax Administration Service (SAT).
Mexico’s electronic invoice system contains multiple types of tax certificates. Among the main ones are:
Income receipt: issued mainly in sales transactions for which some type of income is received in cash, check or any other form, generally for sales of goods and services, but also in case of donations and fees.
Proof of expenditure: this type of tax certificate is issued in cases where the company pays or returns money as a result of refunds, bonuses, discounts, or total cancellation of an income voucher. These are equivalent to credit notes.
Transfer certificate: these are used to justify the legitimate acquisition or possession of the goods that need to be transferred. These CFDI are used as a transportation contract when a company provides transportation of goods to the owner of the goods.
Certificate of payment receipts: these receipts are issued whenever a payment is received on a date other than that on which the transaction is made and the CFDI is generated. Their main function is to document the collection of a total or partial payment. Therefore, they are used for total payments (single payment), partial payments or credit payments received after the original CFDI has been issued. They contain a complemento de pagos (payment supplement). The Mexican VAT system uses cash accounting, which means that companies only pay VAT on the payments they receive immediately for their taxable sales. However, the electronic invoices that sellers provide to SAT include information on all sales, whether paid in cash, on credit or through deferred payments. That means that the number of invoices for a given month may not match the amount of VAT reported to SAT if sellers have received credit payments or have accepted late payments from previous transactions. The payment receipt add-on closes the information gap between the number of payments received and the number of transactions in a given period.
Withholding and payment information certificates: these are used to report on tax withholdings applied at the time of making payments for which a withholding certificate must be issued. This type of certificate also applies when withholdings are made for payments abroad, royalties, sale of shares, dividends, or distributed profits, among others.
Related certificates: these are tax certificates that are related to other previously issued certificates of the same type. They are necessary, for example, when a credit note is issued due to an error in its content, or when a transfer CFDI is issued for merchandise that has already been paid for and for which it is necessary to include a reference to the original CFDI.
CFDI Supplements: In addition to the types of invoices or CFDIs mentioned above, Mexican tax legislation requires that when certain transactions are carried out, additional information must be provided, specifying the type of transaction in question. This type of additional information is contained in the so-called “complementos”, which are attached to the original CFDI. The main complements of the invoices or CFDI are the following:
In other cases, the requirement to issue a supplement to the CFDI is due to withholdings made at the time of making payments for specific transactions. These supplements are the following:
Both the Tax Code (Código Fiscal) and the current Miscellaneous Tax Resolution (Resolución Miscelánea Fiscal, RMF) establish a series of essential conditions with which CFDIs must comply. Annex 20 of the RMF details the technical requirements with which CFDIs must comply, both in terms of content and format, as well as syntax. In terms of content, we detail some of the most essential components for income CFDIs:
In the case of the printed representation of the CFDI, it must comply with certain minimum conditions established by the Tax Code and the RMF.
It is important to point out that the requirements indicated above apply to CFDIs de ingresos (income CFDI). Other CFDIs issued on transfer, payment, payroll, expenses or related, contain other additional requirements or substitutes for the above. Likewise, there are other optional requirements depending on the type of good sold OR service. For example, in the case of sales of vehicles, foreign currency sold by exchange houses or donations, additional information to those indicated above will be required in the CFDI issued.
In order for a CFDI to be legitimate, it must be duly validated before the SAT or by the Authorized Certification Providers (PACs) before being sent to its recipient. For this validation process to be possible, the CFDI must comply with the essential format conditions defined in Annex 20 above:
In general, CFDI validations are not performed directly by the SAT (with few exceptions), but by PACs. A PAC is the legal entity authorized by the Tax Administration Service to review the integrity of the XML file, ensuring that it complies with the current technological standard defined by the SAT. In addition, it is obliged to send the authority a copy of the CFDIs validated by its clients. Once the corresponding validations have been performed, the PAC will assign the corresponding fiscal folio -also known as UUID- and will stamp or certify the XML file, thus converting it into a digital invoice. This process is always done electronically and 100% digitally.
The fiscal mailbox is a digital messaging system installed in the SAT’s web portal, through which the SAT communicates with taxpayers and taxpayers must use to communicate with each other, especially in matters related to invoices received and issued. The notification, acceptance, or rejection of the cancellation of the CFDI by other means is not valid for tax purposes in Mexico. Acceptance may be express or tacit.
The CFDI cancellation process is currently regulated by the Rules of the Miscellaneous Tax Resolution and Article 29A of the Mexican Tax Code, which provides two basic processes for the cancellation of a CFDI: one that requires the authorization of the invoice recipient through the fiscal mailbox (tax mailbox) and one that does not. The cancellation can be made no later than the last day on which the income tax return must be filed.
By default, the recipient of an invoice is required to accept its cancellation for it to proceed; however, according to Rule 2.7.1.35 of the Miscellaneous Tax Resolution, there are twelve cases in which exceptionally the acceptance of the counterparty will not be necessary:
When the CFDI must be cancelled, the cause of cancellation must be indicated in the cancellation request. These causes of cancellation are the following:
When the purpose of the cancellation of the CFDI is to replace it with a new one, the new CFDI must make reference to the cancelled CFDI and vice versa.
It should be noted that according to the current Tax Code, the CFDI may only be cancelled in the same year in which they are issued. However the authority may establish other facilities such as the one established in Rule 2.7.1.47 of the current RMF, which establishes that the cancellation of the CFDI may be made no later than the month in which the annual ISR declaration corresponding to the fiscal year. In this instance, the aforementioned receipt issued must be submitted.
It is mandatory that all CFDIs are sent to the PCCFDI for validation, or in some exceptional cases, to the SAT. However, it is possible that, due to technological inconveniences, such CFDI cannot be sent for the corresponding validation. In such cases, it has been established that the taxpayer will have 72 hours to send the invoice for the corresponding validation.
Mexican law does not require the issuance of an acknowledgement of receipt by the recipient of a CFDI. However, in the event that an invoice is issued erroneously, the issuer must cancel the invoice following the cancellation procedure mentioned above. In most cases, the issuer must have the acceptance of the receiver of the invoice.
According to the provisions of Article 30 of the Federal Tax Code, CFDIs and their attachments must be kept for five years.
Mexico provides a wide range of penalties for those who fail to comply with the electronic invoice obligations established in the Federal Tax Code (Código Fiscal de la Federación or CFF) and in the current Miscellaneous Tax Resolution (Resolución Miscelánea Fiscal). In general, these penalties correspond to fines applied according to the seriousness and periodicity of the violations. Articles 81 section X in relation to 82 section X, as well as the various 83 section VII, IX, XI, of the current Miscellaneous Tax Resolution. It should be noted, however, that in certain serious cases, both the Tax Code and the Miscellaneous Tax Resolution establish that the SAT may sanction violators with the closing of the establishment from which such violations are committed.
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UK and EU businesses need to rise to the VAT compliance challenge that Brexit poses. Now more than ever, it’s time to review supply chains and VAT records to trade with EU Member States. The transition period ended on 1 January 2021 and, as a result, trade between the UK and EU is now governed by the Free Trade Agreement announced on Christmas Eve 2020.
While many businesses prepared for Brexit’s impact on customs, many are yet to formulate a strategy to ensure VAT compliance. This is key to the success of any Brexit plan-of-action for the protection of supply chains, allowing companies to continue to trade confidently across Europe.
Get the latest guidance on how to comply with VAT rules post-Brexit and how to protect cross-border trade.
Businesses on both sides of the channel have much to do to prepare. We know the uncertainty Brexit generates is difficult to manage, so businesses need to be ready.
During this confusion, we can deliver clarity about the Brexit impact on your VAT compliance obligations.
The recent Supreme Court decision “South Dakota v. Wayfair” redefined what constitutes economic nexus for your business. Nexus is no longer determined by your physical presence in a state. Your economic nexus obligations are now based on the sales revenue and transaction volume you generate in a given state, regardless of your physical presence there.
This ruling is a massive opportunity for states to generate revenue. And they’re taking full advantage in the form of aggressive enforcement.
Nine more states (including Louisiana) have gone live with economic nexus laws since July 2019. Kansas currently has its economic nexus law (intended to take effect 10/1/2019) in dispute.
The Wayfair ruling forever changed the sales tax landscape for online retailers in the U.S., further complicating an already complex compliance environment. But that doesn’t mean your company is condemned to noncompliance.
Sovos Sales & Use Tax Filing relieves the burden caused by new and varying sales tax nexus rules by automating your sales and use tax filing obligations. This gives you peace of mind knowing your filings will be on time and accurate, and you’ll have more time to focus on other critical tasks.
In 2008, Brazil adopted a clearance electronic invoicing model in which the country’s tax authority must receive and clear an invoice before a supplier can issue it to a payer. More than a decade later, the Brazilian tax administration’s digitization has evolved so much that other tax administrations call Brazil the Google of fiscal goods.
Current regulations include electronic invoices for: supplies of goods (Electronic Nota Fiscal: NF-e), services (Nota Fiscal de Serviços Eletrônica: NFs-e), transport services (CT-e), freight (MDF-e), SPED, and EFD REINF.
In order to reduce the risk of audits and supply-chain interruptions, companies doing business in Brazil need to adopt an e-invoicing system capable of integrating and automating all of the fiscal requirements within their ERP systems.
The Sovos e-invoicing compliance solution serves as a true one-stop-shop for managing all e-invoicing compliance obligations in Brazil and across the globe. Combining disparate local solutions in countries around the world is both costly and risky. The Sovos SAP Framework Solution is tailored to manage specific e-invoicing scenarios in Brazil as well as handling requirements in other countries around the world. It allows companies to invoice seamlessly within SAP and also monitors both AR and AP compliance processes, end-to-end, all within SAP.
Sovos provides SAP expertise in countries around the world, eliminating the need for SAP customers to find and provide experts themselves.
The embedded SAP solution enables AR and AP users to manage daily operations within SAP streamlining processes, maintaining SAP as the single source of truth. Sovos provides global reach with in-house regulatory expertise for both pre-clearance and post-audit transactional invoicing. When tax authorities introduce new or modify existing mandates, Sovos keeps track so SAP customers stay compliant, enjoy peace of mind and avoid business disruptions.
Sovos eInvoicing compliance works directly inside the most popular and most complex EDI and P2P systems, eliminating the need to fund and maintain expensive integration projects.
Not only do SAP customers save money by not having to build internal SAP data extraction and mapping logics within SAP for their e-invoicing processes, they also don’t have to incur the significant costs of monitoring and maintaining those systems.
Built directly into SAP with its own namespace, the Sovos e-invoicing compliance solution delivers the tools SAP customers need to manage, control and monitor e-invoicing compliance processes in real time.
AP Fiscal Automation automates all inbound documents by matching PO against XML and automating procurement process, empowering companies to lower their procurement costs, reduce risks and increase efficiencies when receiving goods from suppliers.
For more details on the evolution and requirements of the mandate, download the guide on e-invoicing in Brazil.