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A holding company requested clarification on whether income from positive settlements in energy price hedging contracts (swaps) is subject to VAT. The DGT ruled that this income does not constitute a supply of services and should not be included in the calculation of the pro rata.
This ruling provides legal certainty for companies using hedging instruments, ensuring that cash flows from positive settlements are not misclassified as taxable services, thereby preventing incorrect VAT applications and errors in the pro rata calculation.
The tax team reviews your specific situation.
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