Energy exchange operations in the production market are excluded from the RSIF

The management of financial information in the energy sector has received an important delimitation from the Tax Administration. The scope of information supply obligations regarding specific electrical energy transactions has been clarified.

What the DGT has resolved

The Directorate General of Taxes (DGT) has ruled that electrical energy exchange operations carried out within the framework of the electricity production market do not form part of the objective scope of the Financial Information Supply Regulation (RSIF).

This criterion establishes a clear boundary between ordinary commercial transactions and those which, due to their technical and operational nature within the production market, should not be subject to this informative reporting. However, the resolution warns that any operation that does not strictly fit into this exclusion must comply with current regulations. In exceptional and duly justified situations, the obliged party could request the non-application of the regulation.

What it means for you

For companies in the electricity sector that operate actively in the production market, this resolution provides legal certainty regarding the scope of their reporting obligations. If your activity is limited to the exchange of energy in this specific market, your invoices and associated operations will not have to be included in the information models required by the RSIF.

However, it is fundamental to analyze the nature of each transaction. If an exchange operation is not fully encompassed within the production market exclusion, the company maintains the obligation to comply with the regulation established in RD 1007/2023 and Law 58/2003.

What should be done

Entities in the sector should perform a technical classification of their exchange operations to determine which ones fall under the protection of this exclusion and which ones must be reported. In the case of operations that present a mixed nature or that do not clearly fit into the production market, it is necessary to evaluate the possibility of submitting a request for non-application to the Administration, provided that there are exceptional circumstances that justify it.