Basic Guide to Collecting an Electronic Invoice
When you sell a product or provide a service, you must issue an invoice as proof of the sale. This invoice can be physical or electronic, depending on how it is issued. But what happens if the customer doesn’t pay? If the invoice is electronic, you can demand payment through a legal process. Here’s how you can do it in a simple way.
What is an electronic invoice?
It is a digital document with legal validity that serves as proof of a sale. To be legally enforceable, it must meet certain legal requirements.
Requirements for an electronic invoice to have legal value
For an electronic invoice to be used to demand payment, it must include:
- A description and value of the goods or services sold.
- Payment terms (if it is on credit, it must specify the payment deadline).
- It is a clear indication that it is an "electronic sales invoice.
- The digital signature of the issuer.
- The Unique Electronic Invoice Code (CUFE).
- Prior validation by the DIAN (Colombian tax authority).
- Delivery to the buyer in electronic or physical format and their acceptance.ommended to adopt preventive measures, such as the implementation of good management practices.
How to prove that an electronic invoice is valid?
To prove its validity, you can use:
- The original digital file (XML) with DIAN validation.
- The printed or digital representation of the invoice.
- The certificate of existence and traceability in RADIAN (if registered there).
What happens if the buyer doesn’t pay?
If the buyer does not pay within the agreed time, the seller can initiate a legal process to demand payment. To do this, they must prove:
1. That the invoice was issued and delivered to the buyer.
2. That the buyer received the goods or service.
3. That the invoice was accepted, either explicitly or because three days passed without objection.
Acceptance can be proven with:
- Billing system records.
- A printed copy of the invoice signed by the buyer.
- Emails or digital proof of receipt.
Is it mandatory to register the invoice in RADIAN to collect it?
Not always. If the person collecting the invoice is the original issuer, it does not need to be registered in RADIAN. However, if the invoice has been sold or transferred to another party, it must be registered in RADIAN so the new owner can legally collect it.
Laws regulating electronic invoices
The use and collection of electronic invoices are regulated by various laws and decrees, including:
- Commercial Code.
- Law 1231 of 2008.
- Law 1676 of 2013.
- DIAN Resolution 42 of 2020.
- Decree 442 of 2023.
Final advice:
To avoid problems when collecting an invoice, make sure it meets all the requirements and keep proof of its delivery and acceptance by the buyer.
If you need more information on how to collect an electronic invoice, contact us.
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