The temporary energy levy of Law 38/2022 no longer exists: it applied in 2023 and 2024 and was repealed with effect from 22 December 2024. This page summarises what it was, who it applied to and what remains pending.
Update of 22-10-2026. This page said the levy continued in 2025 and 2026 and advised provisioning it. That is not the case: final provision 14 of Law 7/2024 repealed article 1 of Law 38/2022 with effect from 22 December 2024.
What it was
Article 1 of Law 38/2022 created a temporary energy levy for 2023 and 2024 (art. 1.1). Legally it was a non-tax public patrimonial levy (art. 1.3).
Who it applied to
- The main operators in the energy sectors listed in the CNMC resolutions cited by the law.
- Companies producing crude oil or natural gas, mining coal or refining oil in Spain with at least 75% of their turnover from those activities.
- Exempt, among others, were companies whose 2019 net turnover was below €1,000 million, or whose energy activity did not exceed 50% of their turnover in 2017, 2018 and 2019 (art. 1.2).
How much and when
- Amount: 1.2% of the net turnover from the activity in Spain in the previous year, excluding regulated activities (art. 1.5).
- Accrual and payment: the obligation arose on 1 January and was paid in the first 20 calendar days of September of that same year (art. 1.4).
- Advance payment: 50% of the amount, in the first 20 calendar days of February (art. 1.6).
- Corporate Income Tax: neither the levy nor the advance payment was deductible (art. 1.7).
- Passing it on: passing it on to customers was prohibited, and the CNMC monitored compliance (art. 1.8).
The 2025 attempt. Royal Decree-law 10/2024 of 23 December created a new temporary energy levy for 2025: the obligation arose on 1 January 2025, with a 50% advance payment in June and the payment in September (sole article, sections 4 and 6). Congress did not validate it and repealed it on 22 January 2025 (BOE of 23 January), before any payment fell due.
What remains
No rule in force sets the levy today. What remains are the returns and payments for 2023 and 2024 and, where they were appealed, the proceedings for those years. For the financial sector, the picture after 2024 is in Temporary levies on banks and energy companies: what happened after 2024.