Spain: law on tax measures for energy sustainability – approvedJanuary 22, 2013
On 28 December 2012, the Official Gazette published the Law No. 15/2012 of 27 December 2012 on tax measures for energy sustainability. The most important features of the tax measures are summarized below.
Tax on the sale of electric energy
The law establishes a tax of 7% on the income obtained from the production of energy realized by installations subject to the ordinary regime (e.g., conventional technologies such as coal, fuel oil, LNG or combined cycle power plants) or the special regime (e.g., other technologies such as renewable or cogeneration) that generate electric energy.
A tax on the production of radioactive waste resulting from the generation of nuclear energy is created. The applicable tax rate is:
- €2,190 per kilogram of heavy metal (uranium and plutonium)
- €6,000 per m3 on production of low and intermediate level waste
- €1,000 per m3 for very low level waste
Tax on the storage of radioactive waste
A tax on the storage of radioactive waste is also introduced. The tax rate is:
- €70 per kilogram of used nuclear fuel
- €30,000 per m3 of long-term high and intermediate radioactive waste, other than nuclear fuel
- €10,000 per m3 for low and intermediate level waste
- €2,000 per m3 for very low level waste
A royalty for the use of surface and underground water to produce electric energy is established. The applicable tax rate is 22% on the economic value of the hydroelectric energy produced. However, a 90% allowance can apply when certain conditions are met.
The law increases the tax rates on hydrocarbon taxes (green’s cent) as follows:
- It introduces a tax rate on non-fuel natural gas (previously zero-rated).
- It creates specific tax rates on fuel oil and diesels used to produce electric energy or to cogenerate electricity and heating.
- It establishes special tax rates for specific products.
- It increases the coal tax to €0.65 per gigajoule (previously €0.15 per gigajoule).
The law generally applies as from 1 January 2013.
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