Exemption from payment of the Tax on the value of the production of electrical energy
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 split payment for 2021 (to be submitted between the 1st and 20th of November 2021) = 7% (on the difference between the remuneration for electricity incorporated from 01/01/21 to 09/30/21 and the remuneration for electricity incorporated from 07/01/21 to 09/30/21) – (sum of the split payments corresponding to the first and second quarters of 2021).
-
Form 583. Fourth split payment for 2021 (to be submitted between 1 and 20 February 2022) = 7% (on the difference between the remuneration for electricity incorporated from 01/01/21 to 31/12/21 and the remuneration for electricity incorporated from 01/07/21 to 30/09/21) – (sum of the split payments corresponding to the first, second and third quarters 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 electricity incorporated from 01/01/21 to 31/12/21 and the remuneration for electricity incorporated from 01/07/21 to 30/09/21) – (sum of the fractional payments corresponding to the first, second, third and fourth quarters 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 split payment (to be submitted between November 1 and 20, 2021) = 7% (on the difference between the remuneration for electricity incorporated from 01/01/21 to 09/30/21 and the remuneration for 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 electricity incorporated from 01/01/21 to 31/12/21 and the remuneration for electricity incorporated from 01/07/21 to 30/09/21) – (2021 split 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 electricity incorporated from 01/01/21 to the date of cessation and the remuneration for electricity incorporated from 01/07/21 to 30/09/21).