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The Court of Justice of the European Union (CJEU) Advocate General, Athanasios Rantos, has delivered an opinion suggesting that Spain’s regional variation of the Special Tax on Hydrocarbons (STH), effective between 2013 and 2018, contradicts the EU Energy Taxation Directive.
This position could significantly influence the forthcoming CJEU judgment, potentially impacting how energy products are taxed across regions within Member States.
The STH, an excise duty levied on mineral oil products’ transfer to purchasers, is aimed at taxing the ownership transfer from tax warehouse holders to buyers.
This duty, while ensuring tax collection from the purchaser by the warehouse holder, prohibits the latter from transferring the tax burden to customers, albeit allowing its consideration in product pricing.
Governed by the Law 38/1992 on excise duties, the STH’s harmonization with EU law, specifically with Directive 2003/96/EC, is crucial for its legality.
The introduction of an “Autonomous Community Tranche” allowing regions to apply supplementary tax brackets sparked legal debate, leading to varying tax levels across Spain based on purchase locations.
Questions arose regarding the tranche’s alignment with Directive 2003/96, especially Article 5, which discusses tax bracket uniformity within Member States.
Legal challenges ensued, prompting a referral to the CJEU for clarity on whether such regional tax brackets comply with EU directives.
Advocate General Rantos argued that Member States cannot implement regional excise duty variations without Council authorization, which Spain did not obtain.
Emphasizing the internal market’s integrity and the free movement of goods, Rantos highlighted that differentiated tax tranches could fragment the market, opposing Directive 2003/96’s objectives.
Furthermore, he noted that the Autonomous Community Tranche lacks a specific purpose, thereby not satisfying Directive 2008/118 conditions.
The principle of equal treatment, according to Rantos, further invalidates the regional tax differences within Spain.
Should the CJEU’s final decision align with the Advocate General’s opinion, it could echo the 2014 ruling against Spain’s “Céntimo Sanitario,” leading to the regional tax’s annulment.
This outcome would necessitate a mechanism for affected taxpayers to claim refunds, considering the tax’s non-transferable nature and the need to demonstrate that the tax burden wasn’t passed on.
The CJEU’s forthcoming judgment and its retrospective effect could significantly influence Spain’s taxation landscape, potentially mandating refunds to taxpayers who bore the STH without lawful basis.
As the legal community and taxpayers await the CJEU’s definitive ruling, the Advocate General’s stance marks a critical step towards resolving the dispute over Spain’s regional hydrocarbon taxation.
If you have any queries about this article, or Spanish taxes in general, then please get in touch.
Singapore’s recent decision to significantly increase its carbon tax from SGD 5 ($3.72) per metric ton of CO2 to SGD 25 underscores the nation’s firm commitment to combating climate change and advancing towards a carbon-neutral future.
This policy shift is a clear indication that, without deliberate government action, corporate efforts alone are unlikely to suffice in making a meaningful impact on carbon emissions reduction.
This tax hike is envisioned not as a harsh imposition but as a strategic encouragement for businesses to explore and adopt innovative, sustainable practices and technologies.
With the tax projected to escalate to SGD 50 per metric ton by 2030, the race towards green profitability, where environmental sustainability and economic gains converge, is on.
The focus now shifts towards investing in renewable energy, enhancing operational efficiency, and implementing carbon capture, utilisation, and storage (CCUS) technologies.
Despite the existence of various CCUS methods, integrating these technologies into current industrial frameworks remains a significant challenge.
Singapore’s journey towards economic viability for these technologies involves not only fostering local innovations but also forming international collaborations for carbon sequestration, especially considering the nation’s limited space for onsite carbon storage.
Renewable energy, another cornerstone of Singapore’s sustainability strategy, faces similar spatial constraints.
Despite abundant sunlight, the scarcity of land limits large-scale solar panel installations.
In response, Singapore is diversifying its renewable energy portfolio through regional investments and plans to import up to 4 gigawatts of renewable power, possibly including solar, wind, and hydroelectric sources, from neighboring countries.
This approach, however, introduces new challenges, such as ensuring the consistent reliability of power supply and managing the complexities of subsea cable installations for energy transmission.
Moreover, the intermittent nature of renewable energy sources necessitates innovative solutions, such as diverse sourcing and storage systems, to ensure a stable energy supply.
Navigating the path to carbon neutrality is further complicated by international policy ambiguities related to carbon trading and storage.
Achieving a global consensus on these issues is crucial for facilitating a seamless transition to greener practices.
As the world gradually shifts towards carbon pricing and sustainability, early adopters like Singapore are poised to emerge as more resilient and competitive entities.
With a pragmatic yet ambitious approach, Singapore’s journey towards energy decarbonization offers valuable lessons and opportunities for innovation and collaboration on a global scale.
If you have any queries about this article on Singapore Increases Carbon Tax, or any other Singapore tax matters, then please get in touch.
If you have any queries about this article on New Zero Tax Rate on Photovoltaic Systems in Germany, or German tax matters in general,than please get in touch.
In an impactful decision, the Spanish General Directorate of Taxes (SGDT) has clarified that capital gains exemptions will apply to the sale of shares in subsidiaries dedicated to photovoltaic energy projects, even if the construction has not commenced.
This announcement marks an essential step in providing clarity for the renewable energy sector.
The ruling specifically pertains to holding companies engaged in renewable energy projects, focusing on photovoltaic energy.
The subsidiaries or Special Purpose Vehicles (SPVs) involved in these projects are at various stages, from land scouting to feasibility analysis and permits and licenses management.
However, these SPVs might not possess their own resources and personnel.
The SGDT’s perspective is that these SPVs should not be considered mere asset-holding entities.
Instead, they are actively involved in the economic activity of promotion and development.
Provided that they have their organizational setup for production and distribution, the SGDT allows for the application of the exemption for capital gains derived from the sale of these SPVs, even before the actual construction work on the photovoltaic solar parks has started.
The SGDT emphasizes that the income resulting from the sale of SPVs should be allocated to the corporate income tax in the year it accrues.
This applies to the fixed part of the agreed price.
For the variable part, dependent on uncertain future events, it should be included in the tax base when those events occur, and a reasonable estimate can be made of the variable price.
This ruling closes the debate that arose from previous similar cases.
Some prior rulings questioned the exemption when economic activity had not yet materially commenced.
However, recent rulings have taken a more favorable stance regarding the application of the exemption.
This ruling provides much-needed clarity for businesses operating in the renewable energy sector, allowing for the application of capital gains exemptions on SPV sales.
It is essential to review the conditions and assess each case individually to ensure compliance.
This decision also highlights the need to evaluate the valuation of services provided by holding companies and group entities to SPVs.
Such assessments should align with market value and necessitate a review of the group’s transfer pricing policy.
If you have any queries about Spain’s Exemption for Renewable Energy Projects, or Spanish tax matters in general, then please get in touch.
France’s vision for a greener and more sustainable future has taken a significant step forward with the release of the French Finance Bill for 2024, unveiled on 27 September 2023. One of the headline features of this bill is the introduction of a Tax Credit for Investments in Green Industries, known as the Crédit d’impôt “Investissement Industries Vertes” (C3IV).
This tax credit is designed to reinvigorate the country’s industrial sector and reduce the carbon footprint of French industries, setting a promising course towards environmental sustainability.
The C3IV tax credit is poised to make a substantial impact on the development of green industries in France. It is available to companies based in France that make tangible and intangible investments in the production of specific green products, with a strong emphasis on sustainability and carbon reduction.
The eligible products encompass cutting-edge technologies that are vital for a greener future, including new-generation batteries and their key components, solar panels, wind turbines, and heat pumps.
Companies can claim the tax credit for tangible investments, which include land, buildings, facilities, equipment, and machinery, as well as intangible investments such as patent rights, licenses, knowledge, or other intellectual property rights.
The tax credit’s value varies, ranging from 20% to 60% of the investments made, depending on factors like the location of the investment and the size of the investing entity.
Importantly, this incentivizes both small and large companies to contribute to the green industry.
The tax credit comes with a maximum limit, which ranges from €150 million to €350 million, determined by the location of the investment.
This ensures that the benefits are distributed across various regions.
The tax credit is applied against the corporate income tax due by the company for the fiscal year in which the investments are made. If the credit exceeds the tax liability, the excess will be reimbursed to the company.
The C3IV tax credit is expected to not only boost environmental sustainability but also stimulate the French economy.
According to the French government, this initiative has the potential to generate approximately EUR 23 billion in investments and create around 40,000 jobs in France by 2030, showcasing the power of green industry growth. To be eligible for this tax credit, companies must align with certain criteria, subject to approval by the Ministry of Finance and authorization by the European Commission.
Eligible expenditures include:
It’s important to note that the C3IV tax credit will apply to projects approved by the Ministry of Finance and subject to prior approval by the Agency for Ecological Transition (ADEME). The eligibility window extends until December 31, 2025, with applications accepted from September 27, 2023, onward.
France’s 2024 Finance Bill and the introduction of the C3IV tax credit signify a resolute commitment to a sustainable and environmentally responsible future. This innovative approach not only promotes the growth of green industries but also aims to strengthen the nation’s industrial base.
With the potential to drive billions in investments and create thousands of jobs, this tax credit is a bold step towards a cleaner, greener, and more prosperous France. As the world grapples with environmental challenges, France’s vision for green investments sets a powerful example for the global community.
If you have any queries about this article, or tax matters more generally, than please get in touch.
In a bid to take substantial strides towards its climate goals, the Dutch government unveiled a series of legislative proposals and amendments concerning energy and environmental taxes on Budget Day.
These measures are geared towards reducing the Netherlands’ greenhouse gas emissions by a commendable 55% by 2030, in alignment with the government’s climate ambitions.
However, it’s essential to bear in mind that these proposals are subject to discussions, amendments, and adoption by the Dutch parliament.
This article provides an in-depth look at some of those proposals covering:
From 1 January 2024, the energy investment deduction (EIA) rate will undergo a reduction, declining from 45.5% to 40%.
Additionally, the sunset clause for energy and environmental deductions has been extended until 2028, implying that they will remain in effect, at least until that time.
As of 1 January 2025, the energy tax exemption for electricity and gas used in metallurgical and mineralogical processes will be eliminated.
The Dutch government views these exemptions as fossil subsidies, which no longer align with the nation’s climate objectives.
In addition, a new energy tax exemption will be introduced on 1 January 2025, for the supply of electricity used in hydrogen production via electrolysis.
This exemption is confined to electricity utilized directly in the water-to-hydrogen conversion process, encompassing activities like demineralization, electrolysis, and the purification and compression of resulting hydrogen.
Starting January 1, 2025, several changes are proposed regarding exemptions for electricity production, including cogeneration.
Key changes include:
The reduced energy tax rate presently applicable to the greenhouse horticulture sector will be gradually phased out, commencing on 1 January 2025, and concluding in 2030.
Effective from 1 January 2024, a new, lower bracket in the energy tax will be introduced for both electricity and gas.
This bracket will cover the first 2,900 kWh of electricity and 1,000 m3 of gas.
This adjustment is intended to provide the government with the flexibility to reduce energy tax for households when necessary, aligning with the current price cap for households.
Various changes will be made to tax regulations for block heating, designed to accommodate the modifications in tax brackets mentioned above.
Starting January 1, 2024, the Dutch minimum carbon tax prices for the industrial and electricity generation sectors will rise. Despite these increases, the government anticipates no budgetary implications, given the existing EU ETS price. The new minimum prices are as follows:
Commencing January 1, 2025, a carbon tax will be introduced for CO2 emissions in the greenhouse horticulture sector, mirroring the current system in place for the industrial sector.
This development coincides with the introduction of specific EU ETS obligations for the built environment.
With effect from 1 January 2028, the coal tax exemptions for dual coal use and coal utilization for energy production will be discontinued.
The current coal tax rate stands at EUR 16.47 per metric ton.
New information obligations will be incorporated into specific energy tax regulations to align with the European Commission’s guidelines on State Aid for climate, environmental protection, and energy.
Commencing on 1 January 2024, these rules will encompass principles for providing data and information, upon request, to comply with EU obligations.
The Dutch government’s commitment to climate goals is evident in these proposed tax changes, which seek to incentivize eco-friendly practices while gradually phasing out less sustainable measures.
These proposals will be closely monitored as they make their way through the legislative process, potentially reshaping the landscape of energy and environmental taxation in the Netherlands.
If you have any queries about the Netherlands’ Green Budget, or Dutch tax in general, then please get in touch.
In a significant move towards promoting renewable energy and reducing carbon emissions, the Irish Department of Finance made an exciting announcement on April 5, 2023.
Starting from May 1, 2023, a zero rate of value-added tax (VAT) will be applied to the supply and installation of solar panels in private dwellings.
This change was made possible by amendments to the Principal VAT Directive through Council Directive (EU) 2022/542 on April 5, 2022.
The Irish Revenue Commissioners have also released detailed guidance to ensure transparency and clarity for homeowners and businesses regarding the application of the zero rate of VAT.
The zero rate of VAT applies specifically to the supply and installation of solar panels on or adjacent to immovable goods, which in this case refers to private dwellings.
This allows flexibility in the placement of solar panels, whether they are installed directly onto the private dwelling (e.g., on the roof) or mounted on the ground beside it.
The definition of “private dwelling” includes a wide range of residential properties such as houses, apartments, duplexes, and even immobilized caravans and mobile homes.
Essentially, any private dwelling that can be effectively immobilized qualifies for the zero VAT rate on solar panels.
To be eligible for the zero rate of VAT, both the supply of solar panels and their installation must be carried out by the same business within the same contract.
This requirement emphasizes the importance of engaging a qualified and experienced contractor who can provide end-to-end solutions for solar panel installation.
It’s important to note that while the zero VAT rate encourages the adoption of solar panels in private dwellings, it does not extend to moveable goods such as boats or mobile homes.
The focus of this initiative is primarily on immovable residential properties, ensuring that the zero rate of VAT applies specifically to homes.
The introduction of a zero rate of VAT for solar panels in private dwellings is a significant step towards achieving sustainable and eco-friendly homes in Ireland.
By reducing installation costs, this measure aims to incentivize homeowners to embrace solar energy and contribute to the nation’s commitment to carbon reduction.
The zero rate of VAT encourages the adoption of renewable energy sources, fostering a greener future for both individuals and the environment.
The Irish government’s decision to implement a zero rate of VAT for the supply and installation of solar panels in private dwellings reflects their dedication to environmental sustainability and carbon reduction.
This initiative empowers homeowners to make a positive impact by transitioning to renewable energy sources and significantly lowering their carbon footprint.
With clear guidelines provided by the Irish Revenue Commissioners, homeowners can confidently explore solar panel installations and take advantage of the cost-saving benefits offered by the zero rate of VAT.
As countries worldwide strive for sustainability, the integration of solar energy in private dwellings will undoubtedly play a vital role in achieving a more eco-friendly society.
If you have any queries about this article, or Irish tax matters more generally, then please do not hesitate to get in touch.
The content of this article is provided for educational and information purposes only. It is not intended, and should not be construed, as tax or legal advice. We recommend you seek formal tax and legal advice before taking, or refraining from, any action based on the contents of this article
Last week, the Czech Republic’s Senate approved a proposed amendment in respect of a Windfall Profits Tax (WFT).
The WFT is based on the related Regulation of the Council of the European Union. However, the Czech Republic’s version differs from the European legislation in some key areas.
Significantly, for the period in which the measure is engaged, it will introduce a 60% tax rate on ‘extraordinary profits’ as opposed to the 33% rate recommended by the EU.
For those that meet the relevant conditions, this new 60% rate will apply for the period 2023 to 2025. This is on top of the standard corporate income tax (CIT) which is currently 19%.
Extraordinary profits would be defined as the general income tax base exceeding the average of tax bases or tax losses for taxable periods beginning and ending between 1 January 2018 and 31 December 2021, plus 20%.
This tax base would be subject to the 60% additional rate.
The taxpayer will likely to be within the corporate income tax and generating income within the windfall profits tax of at least CZK 50 million in a taxable period falling at least partially within the “windfall profits tax application period” from 2023-2025.
There are three categories of taxpayers subject to the windfall profits tax.
We will look at each, in turn, below.
Firstly, taxpayers who have income from the ‘relevant activities’ that include:
This is provided that the income qualifying for WFT from these activities for the first accounting period ending on or after 1 January 2021 accounted for at least 25% of their annual total net turnover.
Taxpayers generating income from the following activities:
In the windfall profits tax application period the taxpayer is part of a corporate group. Here, they will be within its scope where the sum of the relevant income of all taxpayers within the group for the first accounting period ending on or after 1 January 2021 of at least CZK 2 billion.
Alternatively, an entity records income qualifying for the windfall profits tax of at least CZK 2 billion for the first accounting period ending on or after 1 January 2021
The income qualifying for the Windfall Profits Tax is net interest income.
Where net interest income for the first accounting period ending on or after 1 January 2021 exceeds CZK 6 billion while meeting the general precondition of having generated net interest income for the relevant taxable period of at least CZK 50 million, then they are within the scope of WFT.
The first payments of WFT should be made in the latter half of 2023. These payments will be based on the estimated tax reported for the last taxable period ending before 1 January 2023.
This report must include information they would have recorded in their windfall profits tax return and use this information to determine what payments are required.
The report should be submitted by 3 July 2023 at the latest.
If you have any queries about the Czech Windfall Profits Tax or Czech tax matters more generally, then please do not hesitate to get in touch.
The content of this article is provided for educational and information purposes only. It is not intended, and should not be construed, as tax or legal advice. We recommend you seek formal tax and legal advice before taking, or refraining from, any action based on the contents of this article