The electric companies appeal the tax on energy companies before the National Court

The Association of Electric Power Companies (Aelec) will resort to the tax on energy companies, as announced this Thursday by the sector employers.

Thomas Osborne
Thomas Osborne
16 February 2023 Thursday 08:28
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The electric companies appeal the tax on energy companies before the National Court

The Association of Electric Power Companies (Aelec) will resort to the tax on energy companies, as announced this Thursday by the sector employers. The entity will file a contentious-administrative appeal before the National Court.

In a statement, the association that brings together the main electricity companies in Spain -Iberdrola, Endesa and EDP-, calls the tax, which is levied on unregulated income in national territory, with a rate of 1.2% "discriminatory and unjustified". and with which it is expected to raise 2,000 million annually.

For Aelec, this tax "penalizes a key sector to promote the necessary change in the energy model", and is inconsistent from a fiscal point of view because "it taxes income that was already capped and regulated by the Public Administration". Likewise, it "even" affects concepts that the Executive bills through the electricity sector, which do not provide any benefit to these companies.

From Aelec it regrets that the formula applied by Spain is on income and not on benefits, as in Europe, and maintains that it generates discrimination "because only a certain number of electricity companies are eligible and others, regardless of their size, are exempt."

The tax on energy companies is a temporary tax for two years -the results of 2022 and 2023 are taxed, to be paid in 2023 and 2024, respectively-, although the regulations themselves provide for the possibility of making them permanent.

This same Thursday, the CEO of Repsol, Josu Jon Imaz, had reported that the group would present an appeal by qualifying the tax as "unconstitutional". The company expects an impact of 450 million euros from the tax.

In December the Government approved a temporary tax on banks and energy companies with which it intends to raise some 3,000 million euros until 2024 to finance measures aimed at alleviating the pressures of the cost of living.

The announcement comes a day after the banking associations filed appeals against the tax on the sector before the Court.