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A query was raised regarding whether fluorinated gas charges for a renovated installation (deemed new under sector regulations) are exempt, and how gas replacement is taxed. The Directorate-General for Taxes (DGT) ruled that if the renovation converts the installation into new equipment, the charge is exempt. Furthermore, in cases of gas replacement, no tax is levied on the equivalent quantity removed and handed over to waste managers.
This ruling provides legal certainty for companies performing significant renovations on existing installations, potentially reducing tax liabilities if the renovation meets the criteria for new equipment. It also clarifies that the recycling/replacement process does not trigger taxation on the volume of gas handled through authorised waste management channels.
The tax team reviews your specific situation.
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