Publications

Booking holiday accommodation without any nasty surprises: the legal checklist

Fraud involving holiday accommodation bookings surges every summer: adverts for flats that don’t exist or don’t belong to the person advertising them, surprisingly low prices, and pressure to book “before it’s snapped up”. A few minutes’ caution can prevent disappointment that is later difficult — sometimes impossible — to undo.

Flight cancelled or delayed? Here are your rights as a passenger

Every summer, thousands of travellers experience delays, cancellations or lost luggage — and most do not claim compensation, even though they are entitled to it under European regulations, which are clearly set out. Regulation (EC) No 261/2004 protects passengers on flights departing from an airport in the European Union (and, with some exceptions, those arriving in the EU on a flight operated by an EU airline), and it is worth familiarising yourself with it before checking in your luggage.

Self-employed contributions for 2026: a general freeze, an increase in the MEI, and a surprise for company owners and partners

Now that the first half of the year is over, it is a good time to review what has changed — and what has not — in the social security contributions for the self-employed. Royal Decree-Law 16/2025 of 23 December extended the contribution tables and bands in force in 2025 into 2026, after no agreement was reached on the proposed increases. However, this ‘freeze’ has important nuances that are worth being aware of, especially now that the mid-year review is approaching.

Verifactu has been postponed until 2027: 2026 is the year to adapt your invoicing – slowly but surely

Following months of uncertainty and conflicting messages, the timetable for Verifactu — the verifiable invoicing system introduced by the Tax Agency in accordance with the Anti-Fraud Act (Act 11/2021) and Royal Decree 1007/2023 — has been set by Royal Decree-Law 15/2025 of 2 December, which has now been ratified by the Congress of Deputies. The extension is therefore final, and 2026 has been designated as a year of transition and voluntary adaptation.

Verifactu: the question is not whether it affects you, but whether it will arrive on time

If you run a business or are self-employed, you’ve probably heard about Verifactu in three different ways over the last few months: that it was coming into force straight away, that it had been postponed, and that it might not affect you. All three versions are circulating at the same time, and this confusion comes at a cost: some people are paying for upgrades they don’t yet need… whilst others haven’t taken any action and will be issuing invoices in 2027 using software that could cost them up to 50,000 euros in fines per financial year.

In this article, we’ll explain – without technical jargon and using the actual dates – what Verifactu is, how to find out in two minutes whether it affects you, and what you should have sorted out before the end of the year.

What is Verifactu (explained in a minute)

Verifactu is the Tax Agency’s new standard for invoicing software, approved by Royal Decree 1007/2023 implementing the Anti-Fraud Act. The idea is simple: every invoice issued by your software must generate an unalterable, chained and verifiable record – complete with a QR code – so that no one can delete or tamper with it afterwards. Once issued, any correction requires a corrective invoice. In other words: ‘B’ accounts – even those created unintentionally due to administrative disorder – no longer have anywhere to hide.

The actual dates (and why it’s in your best interests to know them)

This is the information that causes the most confusion, and where bad advice can prove costly. The current timetable is set out in Royal Decree-Law 15/2025, which has already been approved by Parliament:

• Companies (Corporation Tax): mandatory from 1 January 2027.
• Self-employed individuals and other taxpayers: from 1 July 2027.
• Right now: voluntary phase. You can adapt and test the system without the threat of penalties.

Does this mean you can put the matter out of your mind until 2027? No, for two reasons. Firstly, because the penalty regime for dual-use software is already in force. And secondly, because anyone who leaves the migration until the final quarter of 2026 will face overburdened suppliers, rising prices and no scope to test anything. We saw this with the SII and with electronic signatures: those who adapt in good time do so more effectively and more cheaply.

Check in 2 minutes whether this affects you

Answer these four questions:

• Do you issue invoices using software, an ERP system or a POS terminal (even if only for part of your business)? 
• Are you not covered by the Immediate Information Reporting Scheme (SII)? Most SMEs and self-employed people are.
• Do you pay tax in mainland Spain (not in the Basque Country or Navarre, which have their own regional tax systems)?
• Do you issue invoices using Excel, Word or templates? These systems will not meet the requirements: you will definitely need to migrate.

If you have answered ‘yes’ to the first three questions — or to the last one — Verifactu affects you. The question is no longer whether to adapt, but when and how to do so without any surprises or extra costs.

The mistakes we’re seeing (and which could cost you money)

• Relying on outdated dates. There are websites and marketing emails that still refer to 2026. Planning based on the wrong timeline leads to hasty decisions or, worse still, duplicate investments.
• Believing this is ‘the IT department’s job’. Verifactu is a tax obligation with penalties. The software is merely the means; the responsibility to the tax authorities lies with you.
• Failing to ask your software provider. Many maintenance contracts do not clarify whether the update is included, when it will be available or how much it will cost. That silence, with just a year to go, is a warning sign.
• Confusing Verifactu with the mandatory electronic invoice. These are two separate obligations: the B2B electronic invoice under the ‘Crea y Crece’ Act is still awaiting regulations and has no set date. Anyone who sells them to you together ‘because they’re the same thing’ is not advising you properly.
• Ignoring internal processes. With tamper-proof records, the usual ‘workarounds’ (reusing invoice numbers, cancelling and reissuing, improvised series) become visible issues. Adapting also means getting your house in order.

What happens if you do nothing

The General Tax Law (Art. 201 bis) penalises the mere possession or use of non-certified invoicing software with fines of up to 50,000 euros per financial year, in addition to the vulnerable position you find yourself in when facing an audit with invoicing that does not meet the standard. In contrast, a well-organised transition costs far less and, when properly planned, offers something valuable: traceable invoicing that strengthens your reputation with clients, banks and suppliers.

How we at SF Abogados can help you

We do not sell software: we defend you. That is why our support with Verifactu is independent and covers what a technology provider does not:

• Situation assessment: we analyse your invoicing practices and inform you, in writing, whether you are obliged to comply, from when, and what options you have (including whether or not it is advisable to voluntarily submit your records to the AEAT).
• Review of your supplier and contracts: we examine what compliance commitments your software or POS terminal has and ensure any missing guarantees are in place before it is too late to switch.
• Adaptation plan with a timetable: invoicing processes, invoice series, corrective invoices and training for your administrative team, so that everything is fully tested by 2027.
• Defence against the tax authorities: if you have already received a notice or are subject to an ongoing audit relating to your invoicing, we’ll take on your defence from the very first letter.

Take the first step today: Verifactu assessment

Tell us how you invoice and we’ll tell you, based on actual dates, what affects you, what doesn’t, and what you need to resolve this year. Email us at www.sfabogados.com or call us, and a tax lawyer will review your case.

Quick questions

Do I have to send all my invoices to the tax authorities in real time? No. What is mandatory is that your software generates verifiable records. Automatic submission to the AEAT (the ‘Verifactu’ method in the strict sense) is optional, although it simplifies technical requirements and provides security.

I issue very few invoices – am I exempt? The volume does not exempt you. The decisive factor is whether you use (or will be required to use) a computerised invoicing system and whether you are outside the SII system.

My accountancy firm issues my invoices – is that their problem or mine? Liability to the tax authorities lies with the issuer: you. Ensure that whoever issues your invoices uses compliant software.

I’ve already invested in adapting my business with 2026 in mind – have I wasted my money? No: the technical regulations haven’t changed, only the deadlines. You’re ahead of the game and can already take advantage of the voluntary compliance period.

Article prepared by SF Abogados on 2 July 2026 based on Royal Decree 1007/2023, Order HAC/1177/2024, Article 201 bis of Law 58/2003 (General Tax Law), and Royal Decree-Law 15/2025 (BOE 3 December 2025), ratified by the Congress of Deputies. This is for information purposes only; it does not constitute tax advice on a specific case.

2026 Special Regularisation Scheme: application deadline closed, rectification phase begins

The deadline for submitting applications under the extraordinary regularisation process for foreign nationals – approved by Royal Decree and published in the Official State Gazette (BOE) on 15 April 2026 – expired on 30 June 2026. The procedure, which has been open since 16 April, is now entering a new phase that you should be fully aware of, whether you submitted your application yourself or are a company that has offered employment to an applicant.

Late payment in commercial transactions: your rights when a customer fails to pay on time

For many businesses and self-employed people, late payments are one of the main cash flow problems. The good news is that the law provides specific tools to tackle late payments in commercial transactions, and understanding them thoroughly is the first step towards enforcing them.

Mandatory electronic invoicing: timetable and obligations for businesses and the self-employed

Electronic invoicing between businesses and professionals is moving towards becoming mandatory. It is important not to confuse two separate sets of regulations that run in parallel — B2B electronic invoicing under the ‘Crea y Crece’ Act and the Verifactu system under the Anti-Fraud Act — and, above all, to plan ahead to meet the deadlines.

The Second Chance Act: what the self-employed and businesses need to know in 2026

The Second Chance Law has established itself as a key tool enabling self-employed individuals and over-indebted private individuals to write off debts they are unable to meet and restart their business activities. It is, however, important to have a thorough understanding of its requirements and the latest court rulings, as the details make all the difference.

What it is and who it protects

The second chance mechanism allows natural persons — both private individuals and the self-employed — to obtain discharge from unpaid liabilities, that is, the cancellation of debts they are unable to pay following proceedings before the Commercial Court. Commercial companies (SL, SA) are excluded from this route and must resort to ordinary insolvency proceedings.

The 2022 reform of the Insolvency Act significantly simplified the process: it abolished the preliminary phase of insolvency mediation, channelled the entire procedure through the courts and streamlined the processing of applications for discharge, reducing both time and costs.

Key points to bear in mind

• Public debts: debt relief for debts owed to the tax authorities and the social security system is capped at a maximum amount per body; any amount exceeding this limit must be included in a repayment plan.
• Two possible routes: debt relief through liquidation of assets or debt relief through a repayment plan, which in certain cases allows the debtor to retain their main residence. Choosing one or the other is a strategic decision.
• Debt registers: following exoneration, it is the court’s responsibility to request, of its own accord, the removal of the debtor’s details from the debt registers.
• Duration: following the reform, the procedure is now processed more efficiently by the Commercial Court.

A very important recent clarification

Judicial practice has introduced a significant caveat: debts that are not expressly disclosed during the proceedings may not be automatically written off. This requires the debtor to identify and declare all their liabilities from the outset, a task that should be prepared thoroughly to avoid any surprises later on.

For this reason, before submitting any documents, a preliminary feasibility analysis is essential: checking whether the requirements are met, drawing up a complete and accurate inventory of liabilities, and deciding which of the two routes is most favourable in each specific case.

How can we help you?

At SF Abogados, we support companies and the self-employed in preventing and managing these situations. If you need advice on this matter, our team is at your disposal.

www.sfabogados.com

Note: this article is for information purposes only and does not constitute legal advice. The legislation referred to may be subject to further regulations and changes; please check that it is still in force before making any decisions.