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A query was raised regarding whether the Electricity Special Tax exemption for renewable installations of up to 50 MW applies when the client is a lessee rather than the owner. The DGT ruled that if the lessee is considered the holder of the installation under sector regulations, they are eligible for the exemption.
Cuestión planteada Si la exención del Impuesto Especial sobre la Electricidad recogida en el apartado 5 del artículo 94 de la Ley 38/1992, de 28 de diciembre, de Impuestos Especiales, es aplicable en el segundo de los supuestos descritos en el apartado anterior donde el cliente no es propietario de la instalación fotovoltaica, sino arrendatario.
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