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V3166-23 ·5 December 2023 ·consulta-vinculante Medium impact
Tax

Price fluctuation hedging via financial agreements is excluded from the IVPEE taxable base

An electric power producer has requested clarification on whether payments derived from financial contracts (financial PPAs) used to hedge price volatility should be included in the IVPEE taxable base. The Directorate General for Taxes (DGT) has ruled that only the prevailing market price at the time of delivery should be included.

In 6 key points

How it affects those involved

This ruling provides legal certainty for energy producers using financial derivatives, confirming that hedging premiums or adjustments do not increase the tax burden of the Special Tax on the Production of Electricity (IVPEE).

Lifecycle

2023-12-05PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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