Windfall tax on electricity producer revenues: OPANAF no. 64/2022

21 Jan 2022

The takeaway

Electricity producers have to declare and pay to the state budget a windfall tax of 80% on any additional revenues received during the period 1 November 2021–31 March 2022. The tax declaration and payment is due by the twenty-fifth day of the month following that in which the revenue is generated. Electricity producers reliant on fossil fuels, including those using cogeneration plants, are exempt from the windfall tax.

In detail

Law no. 259/2021 introduced the windfall tax on electricity producers to cap prices and clear invoices. The recently published OPANAF no. 64/2022 regulates the method for declaring that 80% tax applied to electricity producers’ additional revenues, which are calculated based on the difference between the monthly average selling price of electricity and RON 450/MWh.

The deadline for declaring and paying the windfall tax is the twenty-fifth day of the month following that in which the additional revenue is generated. Form 100 – “Declaration on payment obligations to the state budget” – is used for that purpose. As an exception, the deadline for declaring and paying the tax due for the period 1 November–31 December 2021 is 25 January 2022.

When completing Form 100, the windfall tax is stated under item 80 “Tax on additional income generated by electricity producers”, as introduced by OPANAF no. 64/2022 into the “Nomenclature of payment obligations to the state budget”.

Electricity producers reliant on fossil fuels, including those using cogeneration plants, are exempt from the windfall tax.

Source: [President of the National Agency for Fiscal Administration Order no. 64/2022 regarding the application of the provisions of art. II of Law no. 259/2021 for the approval of the Government Emergency Ordinance no. 118/2021 on establishing a compensation scheme for electricity and natural gas consumption for the cold season 2021-2022, published in the Official Gazette no. 55 dated 19 January 2022]

 

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