Although it does not seem, it is important to have information about How to know if an Invoice is False?, both for the person who issues it and for the person who receives it. This is because when committing this crime, you can pay a penalty either financial or jail.
Here we have for you, information about how to verify an invoice, what to do in case of making a mistake in an invoice, judicial penalties for issuing false invoices. There are also some doubts and recommendations on the subject, what is a tax crime and much more information.
How to know if an invoice is false in Spain?
To start we will tell you How to know if an invoice is false Throughout the Spanish territory. You must bear in mind that invoices differ from other legal documents, since they do not have any seal to corroborate their legitimacy.
In such a way that, so that you know if an invoice is false, you must take into consideration that there are some qualities that can show it. Some peculiarities are named below, which help to know if a fracture is false or not, and these are the following:
- When the invoice does not have its own data about the transaction.
- If the operation cannot be verified.
- When the invoice amount is exaggerated and it has no justification.
- There is no documentation that certifies the transaction.
- It shows very general concepts, which do not clarify the service that is being provided or that has been obtained.
- That repeated invoices are issued over time, which raises suspicions.
It is important to note that the aforementioned characteristics can be evidenced all at once, or only one can be reflected. However, it is of great importance that the veracity of this is admitted, with the aim of not having difficulties at some point.
How to know if an invoice is false: verify them
Knowing the above, you have the tools to corroborate an invoice if you ever think it is false. The first thing you can check is if the transaction code is within the platform transaction history.
Similarly, you can request documentation that certifies that the invoice is real. This can be achieved with a connection between, the delivery of the product, good or the service provided. Which is suggested, in order to prevent later difficulties related to the certainty of the invoice.
Therefore, it is essential archive the invoice for a while and do not throw it away just in case it is necessary to present it on occasion.
How to Know if an Invoice is False: Invoice Mistake
There may be cases where an invoice is made with an error or mistake. If this happens, there is a corrective invoice, which allows correcting or repairing the mistake made in the invoice that has been issued at a specific time.
Therefore, you have the possibility of requesting this and that the issuer of the invoice makes the correction in the best way, so that the client can have an invoice as it should be. However, before making the request, the legitimacy of the invoice must be reviewed.
How to know if an invoice is false: judicial penalties
Some people do not know about the sentences that are applied for carrying out illegal activities, such as issuing false invoices. In Spanish territory, according to the situation or disposition, an opinion of minimum three (3) months in prison.
Then, when you are involved in such a case, you can make a complaint. There you must state that the individual who made the invoice, must be subjected to a trial according to the damages that are exposed, where the prison period that he must fulfill is established.
For this reason, much attention must be paid to these cases, to take the required measures and so on. protect services and goods that have been acquired. As well as, many of these situations occur to avoid taxes.
Tips and General Questions
There are always doubts and in this section we will answer some, which users generally ask about this matter. Additionally, some useful suggestions to prevent invoices from being falsified:
- The first thing is that, when receiving an invoice you should read carefully what it says. This aspect is of great importance, if you are purchasing a service or essential good.
- Another of the most frequent doubts expressed by users, who have had this type of situation, is whether there is the possibility of corroborating the information. The answer is yes, and the authorized personnel are asked to verify the authenticity of the invoice with other documentation.
What is a Tax Crime?
The main thing is to know that in the Spanish Penal Code in its Article 305 the following is detailed:
The person, by omission or action, swindled the local, provincial, autonomous or state Public Treasury, evading the payment of taxes, amounts withheld or that should have been withheld income on account, incorrectly acquiring reimbursements or enjoying tax benefits in the same way.
While the amount of the amount defrauded, the amount not entered from the withholdings or entries on account, or from the refunds or incorrectly acquired tax benefits, is greater than 120,000 euros, will be punished with jail from one to five years, and a fine.
What are the elements that a Tax Advisor must know regarding the issuance of False Invoices?
The issuance of false invoices is one of the reasons why you can commit a tax crime and which also brings unfavorable consequences. This goes for whoever issues the invoice, as well as for their cooperators and also beneficiaries.
One of the most recent cases with media consequences are those of the old Pescanova, where their turnover was between 77% and 80% for the years 2011 and 2012, according to the auditing company KPMG.
Likewise, that of the Carpintería Las 5 Jota, which was dedicated to the elaboration of wooden houses, however, in practice its main function was the elaboration of false invoices. With respect to Pescanova, the directors will be tried for crimes of falsification of economic-financial data.
As well as, falsification of annual accounts, falsify commercial documentation, fraud, punishable insolvency, asset seizure, use of privileged data and obstruction of the performance of the supervising entity.
Imputations for which its former president must face, and go to prison of up to 28 years and a penalty greater than 22 million euros.
However, the owner of Las 5 Jotas was arrested, after being on the run for two (2) years, after some trials were held, for the issuance of false invoices and tax fraud. For this reason, he collects a sentence that takes him to 20 years in prison.
In such a way that, to prevent and not incur in this type of crime, one must know about the respective laws, also about the sanctions to which all those who are responsible for issuing false invoices will be subjected.
Infractions for using False Invoices to discount consumption and VAT
Depending on the situation, it will be determined whether the offense is mild, serious or very serious, taking into account the following:
The tax offense is estimated to be a minor offense. when the basis of the penalty it is not more than 3,000 euros. It is not taken into account as a minor offense, penalized with a monetary fine of 50%, when:
- Verifying invoices or false documentation are used.
- If the repercussions of mismanagement of the books, is greater than 10% of the basis of the penalty.
- In the event that no withheld amounts enter, which must be withheld or entered on account.
When the basis of the penalty is greater than 3 thousand euros, and there is information concealment. For this reason, the offense is considered serious when:
- When the impact of mismanagement of records or books is greater than 10% and less than 50% of the basis of the penalty.
- In the event that no withholding amounts enter, which must be withheld or entered on account, while the withholdings executed, and not entered are equal to or less than 50% of the amount of the penalty amount.
- The monetary fine for a serious offense is 50% to 100%. Additionally, the amount of fraud increases when a tax offense is repeated.
Very Serious Infractions
- An infringement is very serious when false aspects are used, and when entering withheld amounts or entries on account. Likewise, payments on account passed on and not paid in that symbolize a percentage greater than 50% of the amount on the basis of the penalty.
- The monetary fine for very serious offenses, is between 100% and 150%, increasing in the percentage when the tax offenses are repeated.
If you are a business owner or work in one, it is essential that you handle information about How to know if an invoice is false, in addition to knowing very well, what are the sanctions to which you may be subjected in the case of falling into this offense.
It is essential that the respective laws be complied with, in addition to providing good customer service, where it is a win-win. We hope we have helped you with this issue.
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