Find out what counterfeit invoices are used for and what consequences they have.

There are people who make mistakes when they make their invoices and this does not mean that it is a crime, as long as you fix it in time. 

The real problem is when you want to be clever and create a false invoice to avoid taxes or to get a quote. 

We are going to explain what this is all about and why you should not do this in Spain or in other countries. 

When do we talk about a false invoice for a quote?

The first thing to note is that whether you are an individual or a company, you can incur a criminal offence for making a false invoice.

Simply put, a false invoice is when you intentionally misrepresent information and use the invoice for your own benefit.

In the case of quotations, those who commit this action use false data to get the quotation lower. 

For example, they do not fill in the correct quantity of products, omit key features that increase the total cost, transport costs, etc.

As we have specified above, this action is usually done simply to reduce costs or to obtain another benefit.

Common reasons why false invoices are issued

Minimising costs is not the only reason why people issue false invoices.

Another purpose for which false invoices are used is to avoid paying taxes in full to the tax authorities.

This is one of the main reasons, as many people don't like the idea of paying VAT in full, so they look for an illegal way to evade it.

No matter what the motive, it is always a crime and if you are caught, the law will punish you according to the seriousness of the act. 

Criminal regulation for false invoices and consequences

Regardless of your purpose for using false invoices, your actions will be punishable by law. When you modify, remove or add information to a document in order to profit from it, it is called false documentation. If you are caught in such an act, you can go to prison for up to 3 years, as stated in article 392 of the Penal Code.

Bear in mind that not only will you be sent to prison, but you will also have to pay a fine, so it is best not to act in this way.

Here are some of the most frequently asked questions:

What is the crime of forging an invoice?

One of the most common questions from our clients is whether changing data on an invoice to falsify it is a crime, and the answer is yes. According to the law in Spain, if you carry out an action like this, then you commit the offence of forgery. Something you should also be aware of is that, by committing this offence, in certain cases, you are also committing other criminal offences related to the tax authorities.

If I make a mistake on an invoice, is it an offence?

If by mistake you change a piece of information on the invoice for the budget or you are missing one, it is necessary to fix it by means of a rectifying invoice to avoid a tax offence. Although the law states that the invoice must be altered deliberately for it to be a crime, it is necessary to prove that you were not aware of this fact.

What can I do to avoid making a mistake on an invoice?

The best advice is to check your invoices thoroughly before sending them, otherwise a misunderstanding can lead to a legal mess. It is no great bother to take a moment to check that everything has been done in accordance and thus save yourself the trouble in court. If you have any further questions on this subject or queries to clarify, you can count on us.