The employer of the large electric companies, Aelec, has decided to file a contentious-administrative appeal before the National Court against Order HFP/94/2023, of February 2, which includes the extraordinary tax on the energy sector.
The employers’ association, which brings together Iberdrola, Endesa and EDP, denounced in a statement that “the tax approved in Spain penalizes a key sector to promote the necessary change in the energy model, not only global, but specifically Spanish.” He also argues that the European Union (EU) has established a tax on oil and gas “in which nothing is said about the electricity sector.” “It is essential that Spain accelerate its energy conversion to have its own energy sources that reduce energy dependence from abroad,” the association stressed.
In this way, it has directly appealed the ministerial order approving the declaration and advance payment models of the tax, which is applied to 1.2% of the income of the liberalized business of companies in the energy sector that invoiced more than 1,000 million in 2019. Naturgy and Endesa have impacted 300 and 400 million, respectively. Aelec also points out that the tax that Brussels raises on oil, gas and coal companies is on profits and not on income.
It also argues that it is discriminatory because “only a certain number of electricity companies are eligible and others, regardless of their size, are exempt.” Likewise, he argues “fiscal inconsistency.” “It taxes income that was already capped and regulated by the Public Administration at 67 euros/MWh and even taxes the concepts that the Government invoices through the electricity sector that do not provide any benefit to the electricity companies,” says the pre-ranid association.
