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Exemption from payment of tax on the value of electricity production

With the implementation of this measure, IVPEE taxpayers may not include in the tax self-assessments to be submitted in 2021 the remuneration for the electricity included between 1/7/21 and 30/9/21.

This measure is based on the sixth and seventh additional provisions of Royal Decree-Law 15/18, of 5 October, on urgent measures for the energy transition and consumer protection, which gave rise, among others, to the binding consultations of the Directorate-General for Taxation V3288-19, V3142-19, V0193-20, V0044-21 and V 0295-21.

The implementation of this measure does not necessarily mean that the amount of the payment by instalments for the third quarter of 2021 will be zero, as if the remuneration for the electricity included between 01/01/21 and 30/06/21 is received between 01/07/21 and 30/09/21, the amount will have to be self-assessed in the payment by instalments for the third quarter of 2021.

The implementation of the aforementioned Article 2 of Royal Decree-Law 12/2021 for taxpayers whose production value, including all installations, exceeds 500,000 euros in the previous year (obliged to submit four instalments and an annual self-assessment) affects the calculation of the third and fourth instalments and the annual self-assessment under the following terms:

  • Form 583. Third installment payment of 2021 (to be submitted between November 1 and 20, 2021) = 7% (on the difference between the remuneration for the electricity incorporated since from 01/01/21 to 09/30/21 and the remuneration for the electricity incorporated from 07/01/21 to 09/30/21) – (sum of the fractional payments corresponding to the first and second quarters of 2021).

  • Form 583. Fourth installment payment of 2021 (to be submitted between the 1st and the 20th of February 2022) = 7% (on the difference between the remuneration for the electricity incorporated since from 01/01/21 to 12/31/21 and the remuneration for the electricity incorporated from 07/01/21 to 09/30/21) – (sum of the fractional payments corresponding to the first, second and third quarter of 2021 ).

  • Form 583. Annual self-assessment for 2021 (to be submitted within the month of November 2022) = 7% (on the difference between the remuneration for the electricity incorporated from 01/01/21 to 12/31/21 and the remuneration for the electricity incorporated from 07/01/21 to 09/30/21) – (sum of the fractional payments corresponding to the first, second, third and fourth quarter of 2021).

The implementation of the aforementioned Article 2 of Royal Decree-Law 12/2021 for taxpayers whose production value, including all installations, does not exceed 500,000 euros in the previous year (obliged to submit payment by instalments and an annual self-assessment) affects the calculation of the instalments and the annual self-assessment under the following terms:

  • Form 583. 2021 installment payment (to be submitted between November 1 and 20, 2021) = 7% (on the difference between the remuneration for the electricity incorporated since 01/01/21 to 09/30/21 and the remuneration for the electricity incorporated from 07/01/21 to 09/30/21).

  • Form 583. Annual self-assessment for 2021 (to be submitted within the month of November 2022) = 7% (on the difference between the remuneration for the electricity incorporated from 01/01/21 to 12/31/21 and the remuneration for the electricity incorporated from 07/01/21 to 09/30/21) – (2021 installment payment).

The implementation of the aforementioned Article 2 of Royal Decree-Law 12/2021, for taxpayers who cease their activity between 1 January 2021 and 31 October 2021 (obliged to file a self-assessment for cessation) affects the calculation of the annual self-assessment in the event that they cease their activity after 1 July 2021 under the following terms:

  • Form 588. Annual self-assessment for 2021 (to be submitted within the month of November 2021) = 7% (on the difference between the remuneration for the electricity incorporated from 01/01/21 to the date of termination and the remuneration for the electricity incorporated from 07/01/21 to 09/30/21).