Title XI: Obligations of taxable persons and certain non-taxable persons
Chapter 3: Invoicing
Section 2: Concept of invoice
Article 218 [1] [2]
For the purposes of this Directive, Member States shall accept documents or messages on paper or in electronic form as invoices if they meet the conditions laid down in this Chapter.
By way of derogation from the first paragraph of this Article, Member States may, in accordance with the conditions they lay down, require taxable persons established within their territory to issue electronic invoices for supplies of goods and services within their territory, other than those referred to in Article 262.
Fundstelle(n):
zur Änderungsdokumentation
CAAAE-23889
1↓M33
2According
to Art. 5 No 5 Council Directive (EU) 2025/516 of 11 March 2025 (OJ L,
2025/516, 25.3.2025) Art. 218 will be replaced with effect from 1.7.2030 by the
following:
‚Article
218
1. Electronic invoices and documents or
messages on paper or in electronic formats other than electronic invoices shall
meet the conditions laid down in this Chapter to be accepted as
invoices.
2. For the purposes of this Directive, invoices shall
be issued as electronic invoices. However, Member States may accept documents
or messages on paper or in electronic formats other than electronic invoices
for transactions not subject to the reporting obligations laid down in Chapter
6.
3. Electronic invoices shall comply with the European
standard on electronic invoicing and the list of its syntaxes pursuant to
Directive 2014/55/EU of the European Parliament and of the
Council*). Member States may allow the use of
other standards for electronic invoices relating to supplies of goods and
services within their territory, other than those referred to in Article 262 of
this Directive.
4. Member States shall take the measures
necessary to ensure that electronic invoices issued by taxable
persons:
a) include the information required
by this Directive; and
b) comply with the required
technical standards on electronic invoicing referred to in paragraph
3.
5. Member States shall allow
that the taxable person issuing the invoice or a third party acting in the name
and on account of that taxable person complies with the measures laid down in
paragraph 4.
Member States may also allow the use of a public
portal, if
available.
—————
*) Directive
2014/55/EU of the European Parliament and of the Council of 16 April 2014 on
electronic invoicing in public procurement (OJ L 133, 6.5.2014, p. 1, ELI:
http://data.europa.eu/eli/dir/2014/55/oj).’