Are non-German invoice issuers obliged to comply with Germany’s federal E-Invoicing Ordinance?

Invoices are issued according to the rules of the country of destination. Invoice issuers of the kind specified in section 14 of the German Civil Code (see below) who are involved in public procurement transactions with the public administration in Germany are obliged to submit electronic invoices in accordance with Germany’s federal E-Invoicing Ordinance (E-Rechnungsverordnung , E-RechV). If the invoice issuer is a foreign company, that company is also obliged to submit electronic invoices to the German federal administration.

If you do not have the software to create electronic invoices that comply with the EU standard, you have the option of entering your invoice data manually into a web submission form and then transmitting it to the recipient. This can be done via the federal invoice submission portal. The web interface of the federal invoice submission portal is available in English as well as German. Further information and important documents in English as well as documents in German can be found in our library.

Please note that in addition to e-invoicing, individual contractual arrangements may also apply.

Section 14 of the German Civil Code (Bürgerliches Gesetzbuch, BGB):

A partnership with legal personality is a partnership that has the capacity to acquire rights and to incur liabilities.

An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

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