The General State Budget Bill for 2018 has already begun its parliamentary journey. A few days ago, we were able to know the full content of the same, delivered by the Government to the President of the Congress. It includes significant amendments to different taxes, modifying, among others, the Tax on Fluorinated Greenhouse Gases.
Specifically, in the area of the Fluorinated Gases Tax, as stated in its preamble, the tax rates are lowered to a value that reflects the latest price forecasts for the period 2020-2030 of CO2 emissions.
At the same time, the global warming potentials of the gases subject to the tax are updated, taking as a reference the latest update included in the Community regulations. Finally, in order to promote the regeneration and recycling of gases, the tax rate applicable to these gases is reduced.
The aforementioned provision shall be worded as follows:
” Eleven. Tax rate.
Tariff 1:
The tax will be levied on the basis of global warming potential.
The tax rate will be constituted by the result of applying the coefficient 0.015 to the global warming potential corresponding to each fluorinated gas, with a maximum of 100 euros per kilogram, in accordance with the items in the table.
Tariff 2:
Section 2.1 Preparations: the tax rate shall be constituted by the result of applying the coefficient 0.015 to the global warming potential (GWP) obtained from the preparation by virtue of the provisions of number 2 of section five with a maximum of 100 euros per kilogram.
Tariff 3:
Section 3.1 Reclaimed and recycled gases of Tariff 1: the tax rate will be constituted by the result of applying the coefficient of 0.50 to the rate established in Tariff 1 Section 3.2 Reclaimed and recycled preparations of Tariff 2: the tax rate will be constituted by the result of applying the coefficient of 0.50 to the rate established in Tariff 2.
After reviewing the new table of Tariff 1, and in spite of the supposed rate reduction announced in the foreword, the modifications introduced subject to taxation products previously classified as non-taxable, specifically all those products with a GWP less than or equal to 150.
The aforementioned change directly contradicts the provisions of paragraph 7 of Article Five of Law 16/2013, regarding the Taxable Event, regarding which nothing is mentioned in the Draft Law.
The amendment is expected to enter into force on July 1, 2018, and will be enacted indefinitely, without prejudice to possible amendments that may be approved during the parliamentary process.
