On 21 March 2026, Royal Decree-Law 7/2026 of 20 March (ratified on 26 March) was published in the Official State Gazette, approving the Comprehensive Plan to Address the Crisis in the Middle East, which includes, amongst other measures, various tax measures aimed at mitigating the impact of rising prices for energy and electricity products resulting from the international energy crisis.
The main measures approved in this Royal Decree in relation to the Excise Duty on Hydrocarbons, the Excise Duty on Electricity and Value Added Tax are detailed below.
- Reduction of Hydrocarbon Excise Duty rates
The Hydrocarbon Excise Duty rates applicable to the main energy products are reduced, bringing them to the minimum levels permitted by Directive 2003/96/EC restructuring the EU Community framework for the taxation of energy products and electricity.
This reduction applies, amongst others, to products such as leaded and unleaded petrol, general-purpose diesel, fuel oil, LPG, natural gas, kerosene and biofuels.
- Reduction in the rates of the Excise Duty on Electricity
The Royal Decree-Law establishes a reduction in the rate of the Excise Duty on Electricity, which is lowered from the general rate of 5.11269632% to 0.5%. However, minimum rates of €0.50 per megawatt-hour are set for industrial uses, agricultural irrigation, rail transport and certain vessels, and €1.00 per megawatt-hour for all other cases.
In addition, reductions are introduced in the tax base for the Tax on the Value of Electricity Production for the 2026 financial year, to offset the costs being borne by companies. These reductions will be implemented by reducing the tax base by a percentage of the revenue corresponding to the electricity fed into the system during the first two quarters of the year, with the aim of reducing electricity generation costs and promoting more competitive prices in the wholesale market, which are expected to result in lower electricity prices for the end consumer.
- Reduction in VAT rates on certain energy products
In the area of Value Added Tax, the VAT rate applicable to supplies, imports and intra-Community acquisitions of goods relating to electricity supplied to contract holders with a contracted power of less than 10 kW, electricity supplied to beneficiaries of the social tariff who are classified as severely vulnerable or severely vulnerable at risk of social exclusion, natural gas, briquettes and pellets derived from biomass, firewood, petrol, diesel and biofuels intended for use as motor fuels.
- Key dates
All these measures are temporary in nature and come into force from their publication in the Official State Gazette (21 March 2026) until 30 June 2026. However, as these are exceptional measures, their application is subject to the change in the CPI during the month of April; therefore, if the change in the CPI for these products does not exceed that of the same month of the previous year by more than 15%, the reduction will cease to apply in June 2026.
How can we assist you?
Our team of specialists in indirect taxation and excise duties can advise you on analysing the impact of these measures, the correct application of the new tax rates and compliance with the tax obligations arising from the new regulations.
Salinas & Partners, with over 30 years’ experience in excise duties and VAT, is at your disposal to answer any queries you may have.
On 25 February, the General Court of the European Union (GCEU) published the judgement of the Case T-69/25, ruling on a request for a preliminary ruling concerning the interpretation of the Combined Nomenclature in relation to certain products.
Firstly, the GCEU clarifies the scope of the concept of ‘products presented in sets’ provided for in Note 3 to Section VI of Annex I to Regulation (EEC) No 2658/87 on the Tariff Nomenclature.
The dispute was between a German company and the Main Customs Office and concerned the correct tariff classification of a capsule system used in dentistry. These capsules contained two separate components — silver alloy powder and liquid mercury — intended to be mixed subsequently to produce a silver dental amalgam.
The main issue was whether the capsule system could be regarded as a ‘set of articles’ within the meaning of Note 3, despite the fact that its two components were contained in compartments that could not be separated without destroying the capsule.
This classification was decisive, since, if it were an assortment, the goods had to be classified according to the final product resulting from the mixture, that is to say, the silver dental amalgam. However, if it were not an assortment, it had to be classified according to the state of the product at the time of importation, that is to say, as a dental capsule with separate components.
From a tariff perspective, the German authorities maintained that it should be classified under subheading 2843 90 10, ‘amalgams’, subject to a tariff rate of 5.3%; however, the company considered that it should be classified under subheading 3006 40 00, ‘dental cements and other dental filling materials; bone repair cements’ with a tariff rate of 0%, on the grounds that the components did not yet form an amalgam at the time of importation.
The General Court of the European Union concludes that the decisive factor is that the components are clearly intended to be used together, that they are presented simultaneously at the time of customs clearance, and that they are complementary to one another by their nature or by their quantities. This conclusion does not derive from general interpretative rule 3(b), which advocates classification according to the material or article that confers its essential character, but rather from the application of Note 3 to Section VI, which constitutes a specific provision and takes precedence over that general rule. Therefore, the focus is not on the component that gives the product its essential character, but on the final product obtained after mixing, in this case, the silver dental amalgam.
How can we assist you?
Salinas & Partners, with over 30 years’ experience in customs and international trade matters, are at your disposal to assist you with the correct tariff classification of your products and the assessment of associated tax risks, as well as with the review and challenge of tax assessments that may arise from incorrect classification criteria.
The Spanish 2026 Annual Tax and Customs Control Plan was published on 12 March (Official State Gazette, Resolution of 11 March), setting out the lines of action and strategies to be implemented by the Tax Agency during the 2026 financial year for the effective application of the state tax and customs system.
In this briefing, we highlight the main actions to be undertaken, both to prevent and to correct tax irregularities in the areas of customs and indirect taxation.
Notwithstanding the above, by way of introduction, we consider it relevant to highlight the following actions:
- Corrective self-assessments and prevention of non-compliance:
We will continue to promote the use of corrective self-assessments for the main taxes, facilitating voluntary regularisation by taxpayers and reducing administrative burdens. - Electronic invoicing and invoicing systems:
During 2026, progress will be made on the regulation and implementation of mandatory electronic invoicing between businesses and professionals, as well as on the information and support strategy associated with the Public Electronic Invoicing Solution. Furthermore, the Tax Agency will continue to promote the implementation of systems derived from the VERI*FACTU Regulation, including the submission, consultation and download of invoicing records, the QR code verification system on invoices, and the availability of a free invoicing app for businesses and professionals with simple invoicing processes - Civic and tax education and simplification of language:
Training initiatives will continue to be developed in both schools and universities to encourage voluntary compliance with tax obligations. Furthermore, the Administration will continue to work on simplifying the documents issued, particularly in relation to VAT and Corporation Tax penalty procedures, with the aim of facilitating voluntary compliance with tax obligations.
Below, we identify the risk profiles and list the control activities that will be subject to verification during the 2026 financial year, in the areas of customs and indirect taxation:
Customs
- Greater control over e-commerce, particularly following the removal of the €150 customs duty exemption, with a particular focus on digital platforms and distance sales of imported goods.
- Digitisation and modernisation of customs clearance.
- There will be greater control over imports, particularly in cases of fraud such as the undervaluation of goods or the abuse of VAT exemptions, requiring payment or a guarantee of duties prior to release.
- Controls on customs suspensive procedures, particularly transit, are being strengthened to prevent the irregular introduction of goods into the territory of the European Union.
- International cooperation is being promoted, mainly with neighbouring countries and bodies such as the European Anti-Fraud Office (OLAF), to improve the fight against fraud and compliance with international sanctions.
- Customs surveillance operations will be stepped up, with particular focus on drug trafficking (cocaine and hashish), money laundering and the use of new financial methods such as neobanks.
- Specific investigations into customs and environmental fraud are being carried out, including the control of illegal imports of fluorinated greenhouse gases.
VAT
- Voluntary compliance by taxpayers will be encouraged through the use of the Pre303 system, which enables the detection of discrepancies between accounting records and submitted self-assessments, facilitating their rectification via amended self-assessments.
- There will be a greater number of checks to verify that taxpayers registered in the Register of Intra-Community Operators, the Monthly Refund Register and the Register of Tax Warehouse Operators continue to meet the required criteria, as a key measure for preventing tax risk.
- The tax authorities will tighten controls on VAT-exempt imports where goods are destined for other Member States, paying particular attention to the undervaluation of goods and requiring payment or a guarantee of duties before authorising release.
- Measures to combat irregular invoicing are being stepped up through the use of IT tools designed to detect fraud networks, including shell companies or dormant entities that issue fictitious invoices to simulate business activity and obtain undue refunds or illegal deductions.
- Coordination in the fight against organised VAT fraud schemes is being strengthened, both at national and intra-Community level, with particular attention to the vehicle sector and to registration and transfer processes.
- Controls on capital goods will be strengthened, and checks will be carried out to ensure that there are no changes in their destination or use that would render the VAT deduction inapplicable, as well as to prevent the use of intermediary companies to obtain undue deductions.
- Administrative coordination in the application of the special one-stop shop schemes (OSS and IOSS) is being improved, strengthening European cooperation in the fight against VAT fraud.
- Specific measures are being taken to control the misuse of the reduced VAT rate on services that include relevant supplies.
- In the hydrocarbons sector, additional measures are introduced to ensure VAT is paid before products leave tax warehouses, including new records, stricter requirements for operators and the attribution of liability to the owners of such warehouses in the event of non-compliance.
Excise and environmental duties
- There will be greater control over excise duties linked to foreign trade (hydrocarbons, alcohol, tobacco), as well as products linked to the suspension regime or those with tax benefits.
- Surveillance of factories, warehouses and tax warehouses will be stepped up to prevent their use in fraud schemes, particularly in operations relating to VAT or in international schemes that conceal the diversion of goods.
- There will be greater scrutiny of the lawful possession of hydrocarbons, particularly at service stations and transport companies, with special attention paid to cases of product adulteration or purchases from unauthorised operators.
- Supervision of hydrocarbon tax refunds arising from the professional use of diesel will be strengthened, in order to prevent the improper application of tax benefits.
- Products subject to Alcohol and Alcoholic Beverages Tax will be subject to greater control, particularly those linked to the suspension regime or with tax benefits, verifying their correct classification and the proper application of exemptions and refunds.
- An obligation is established to ensure the payment of VAT before hydrocarbons leave tax warehouses, requiring its payment or a guarantee in advance. This measure is supported by the REDEF system, which monitors authorised operators, and strengthens the responsibility of tax warehouse keepers, with the aim of preventing fraud and ensuring tax collection.
- Controls are being strengthened over the import, export and intra-Community movements of tobacco products, the investigation of smuggling and the monitoring of raw tobacco movements to detect possible illegal factories, as well as over the new excise duty applicable to e-cigarettes and related products.
- There will be an increase in investigations into environmental taxes, including the control of illegal imports of fluorinated gases, in collaboration with other agencies and police forces.
How can we assist you?
We recommend proactively ensuring tax compliance in domestic and international transactions with tax implications, and in particular those for which the Tax Agency anticipates imminent audit proceedings.
Salinas & Partners, with over 30 years’ experience in indirect taxation and in preventive and corrective audit procedures, is at your disposal for any queries or comments you may have.