Proposed Changes To Tax On Electricity Supply.New legislation on the taxation of electricity and energy products is expected to come into force on 1 January 2009. The legislation will bring Polish law into line with the EU Energy Directive and will replace the Excise Act of 23 January 2004. It has been drafted by the Ministry of Finance but has yet to be passed by the Polish Parliament. Currently, excise duty is payable by electricity producers. Under the new legislation, the duty will be imposed on businesses selling electricity to end consumers. The excise rate will remain at PLN PLN In currencies, this is the abbreviation for the Polish Zloty. Notes: The currency market, also known as the Foreign Exchange market, is the largest financial market in the world, with a daily average volume of over US $1 trillion. 20 per MWh. Electricity from renewable energy Renewable energy utilizes natural resources such as sunlight, wind, tides and geothermal heat, which are naturally replenished. Renewable energy technologies range from solar power, wind power, and hydroelectricity to biomass and biofuels for transportation. sources will continue to be exempt from excise duty. The exemption will be obtained on submission of a written statement by the business that the President of the Energy Regulatory Office has accepted the certificates of energy origin as confirmation that the energy comes from renewable sources. This legislation should have been introduced during the transitional period ending on 1 January 2006. Some energy producers have sought to rely directly on the EU Energy Directive to claim reimbursement Reimbursement Payment made to someone for out-of-pocket expenses has incurred. of all excise duty they have paid since 1 January 2006. Although their applications have been rejected by the tax offices, their claim has been upheld at first instance by the administrative courts. Law: Council Directive 2003/96/EC of 27 October 2003 on restructuring the Community framework for the taxation of energy products and electricity This article was written for Law-Now, CMS (1) See content management system and color management system. (2) (Conversational Monitor System) Software that provides interactive communications for IBM's VM operating system. Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport To convey, imply, or profess; to have an appearance or effect. The purport of an instrument generally refers to its facial appearance or import, as distinguished from the tenor of an instrument, which means an exact copy or duplicate. PURPORT, pleading. to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments. The original publication date for this article was 31/07/2008. Mr Arkadiusz Michaliszyn CMS Cameron McKenna CMS Cameron McKenna LLP (sometimes referred to as Camerons or, internally, CMCK) is an international law firm with over 130 partners and offices throughout the United Kingdom and Central and Eastern Europe, with branch offices in Bristol (established in LLP LLP - Lower Layer Protocol Mitre House 160 Aldersgate Street London EC1A 4DD UNITED KINGDOM Tel: 207367 2106 Fax: 207367 2446 E-mail: Nicola.dullard@cms-cmck.com URL URL in full Uniform Resource Locator Address of a resource on the Internet. The resource can be any type of file stored on a server, such as a Web page, a text file, a graphics file, or an application program. : www.law-now.com Click Here for related articles (c) Mondaq Ltd, 2008 - Tel. +44 (0)20 8544 8300 - http://www.mondaq.com |
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