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A query was raised regarding whether the tax is payable when energy consumption is zero but the contracted power is still invoiced. The DGT ruled that if the lack of consumption is due to an effective absence of supply, no tax is due.
Cuestión planteada Base imponible en el Impuesto Especial sobre la Electricidad.
En periodos de facturación con ausencia efectiva de suministro eléctrico, no resulta exigible el impuesto. Esto se aplica aunque exista una facturación por peajes incluidos en el término de potencia contratada. Se debe acreditar que la falta de facturación por consumo se debe a la ausencia de suministro y no a otras causas como la falta de lectura del contador.
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