The Spanish Customs and Tax Plan has been published (Spanish Official Gazette 02/29/2024), which breaks down the actions to be carried out by the Spanish Tax Agency in 2024.
On December 28, 2023, Spanish Royal Decree-Law 8/2023, of December 27, 2023, was published in the Official State Gazette, adopting measures to face the economic and social consequences derived from the conflicts in Ukraine and the Middle East, as well as to alleviate the effects of the drought (RD-l 8/2023), among which, we highlight the following in relation to Value Added Tax, Excise Duty on Electricity and Tax on the Value of the Production of Electric Energy:
This 2021 puts an end to the great unknown raised around the legality of the Tax on the Value of Electricity Production (IVPEE) and the controversy raised since its creation, which led producers and consumers of electricity to challenge the suitability of it.
The Spanish Electricity Tax in hands of the EU Court of Justice
In communion with the operators of the sector and professionals in the field, we expected that what happened last week would happen: the Superior Court of Justice of Valencia (SCJV) has raised a series of questions for the European Union Court of Justice (CJEU) on the possible violation of the Electricity Tax (known as IVPEE for its acronym in Spanish) and of the national law emanating from it (Law 15/2012) on the EU Directives regulating the taxation of energy products, electricity and excise duties, as well as other products of an environmental nature.
