Trento, 22 May 2023

2023 decrees to support businesses – Summary of interventions

Update to Legislative Decree no. 34 of 30 March 2023

The objective of this communication is to summarize and clarify the latest innovations in Legislative Decree no. 34 of 30 March 2023 (Bills decree) which follows the 2023 Budget law of 29 December 2022 and the other legislative decrees issued during 2022.

Regulatory evolution is very rapid and the situation described below represents an updated snapshot to date.

1. EXTRAORDINARY CONTRIBUTION IN THE FORM OF TAX CREDIT

ELECTRICAL COMPANIES

Contribution on consumption for the second quarter of 2023: electricity-consuming companies, whose costs per kWh of the electricity component of the first quarter of 2023 are 30% higher than the costs per kWh of the electricity component of the first quarter of 2019, are entitled to a extraordinary contribution in the form of a tax credit equal to 20% of the expenses incurred for the energy component purchased and actually used in the second quarter of 2023. Furthermore, for electricity companies, a tax credit equal to 20% is also provided on the electricity produced and self-consumed in the second quarter of 2023, if the unit price of the fuel used for the production of the same electricity in the first quarter of 2023 has undergone an increase of 30% compared to the unit price of the same fuel purchased in the first quarter of 2019.

GAS COMPANIES

Contribution on consumption in the second quarter of 2023: gas-producing companies are granted an extraordinary contribution in the form of a tax credit equal to 20% of the expenditure incurred for the purchase of gas consumed for energy uses other than thermoelectric uses in the second quarter of 2023, if the reference price of natural gas for the first quarter of 2023, calculated as the average of the reference prices of the Intra-day Market (MI-GAS) published by the Energy Markets Manager (GME), has undergone a higher increase of 30% compared to the corresponding reference price for the first quarter of 2019.

NON ELECTRICAL BUSINESSES

Contribution to consumption in the second quarter of 2023: companies equipped with electricity meters with available power equal to or greater than 4.5 kW, whose costs per kWh of the electricity component in the first quarter of 2023 are 30% higher than the costs per kWh of the electricity component of the first quarter of 2019, are entitled to an extraordinary contribution in the form of a tax credit equal to 10% of the expenses incurred for the energy component purchased and actually used in the second quarter of 2023.

NON-GAS ENERGY BUSINESSES

Contribution on consumption in the second quarter of 2023: NON-gas-intensive companies are recognized with an extraordinary contribution in the form of a tax credit equal to 20% of the expenditure incurred for the purchase of gas consumed for energy uses other than thermoelectric uses in the second quarter of 2023, if the reference price of natural gas for the first quarter of 2023, calculated as the average of the reference prices of the Intra-day Market (MI-GAS) published by the Energy Markets Manager (GME), has undergone an increase of more than 30% compared to the corresponding reference price of the first quarter of 2019.

Furthermore, through the ARERA resolution 76 of 28 February 2022, it was made known that NON-electricity and/or NON-gas-intensive companies can request verification of the minimum requirements and the possible calculation of the credit for the first quarter of 2023 directly from their supplier, if certain requirements are met. In this regard, Polo Tecnologico per l’Energia (PTE) has drawn up a specific circular to clarify what was written in the aforementioned resolution.

2. GAS VAT REDUCTION

The supply of methane gas used for combustion for civil and industrial uses, accounted for in the invoices issued for consumption in the first 6 months of 2023 (the first three months derive from the 2023 Budget law, while April, May and June 2023 derive from the Bills decree ), are subject to the VAT rate of 5%. It should be specified that the consumption of methane gas for the cogenerator or in any case for uses other than civil and industrial ones are not subject to this concession.

3. GAS SYSTEM CHARGES

The RE, GS and UG3 system charges have been eliminated for the first 3 months of 2023 (this relief derives from ARERA resolution 735/2022/R/COM, implementing the provisions of the 2023 Budget Law). For the second quarter of 2023, the Bill decree confirmed the elimination of these charges.