Tax credits for companies not considered as high gas and energy consumers for the months of October and November 2022

The Decree D.L. 144/2022 extended the credit already provided for the third quarter for the months to October and November and partially modified the provisions of the previous quarters (see the previous news https://it.andersen.com/en/tax-credits-for-companies-not-considered-as-high-gas-and-energy-consumers-for-second-and-third-quarter-2022/).

 

Natural gas tax credit

The tax credit is equal to 40% of the expenses incurred in October and November 2022 for the purchase of natural gas (for non-thermal uses) and is calculated considering the effective consumption of natural gas, excluding all direct and/or indirect costs.

Transportation, storage, distribution and metering expenses (network services) do not contribute to the calculation of the tax credit.

  • the company is not considered as high gas consumer
  • the reference price of natural gas, calculated as the average, referring to the third quarter of 2022, of the MI-GAS reference prices published by the GME, has increased by more than 30 percent of the corresponding average price referring to the same quarter of the year 2019.

 

Electricity tax credit

The tax credit is equal to 30% of the electricity component purchased and used purchased and actually used in October and November 2022.

The conditions to qualify for the tax credit are:

  1. not be considered as company with high gas and energy consumption and have an electricity meter of 4,5 Kw or more
  2. the purchase price of the energy component for the relevant quarter must have increased by at least 30% compared to the purchase price of the energy component for the same period in 2019.

Any other incidental, direct or indirect charge other than the energy component is excluded.

 

Deadline and method of use

Tax credits can be used by:

  • 31/12/2022, if related to the second quarter of 2022
  • 31/03/2023, if related to the third quarter 2022 (previously it was 31/12/2022) and to the months of October and November 2022.

These tax credits can be:

  • used for offsetting in the F24 form
  • transferred to third parties.

 

Provider communication and declaration of credit

It is possible to demand to the energy/gas provider to calculate the credit due on behalf of the consumer only if the provider is still the same from 2019 up to now.

Beneficiaries of tax credits related to the third quarter of 2022 and the months of October and November 2022, under penalty of losing the right to use the credit that has not yet been used, must send a communication on the amount of the credit accrued in the 2022 fiscal year to the Internal Revenue Service by 02/16/2023.

No communication is required regarding the second quarter.

The content and mode of filing the communication will be defined by a provision of the Internal Revenue Agency, which is still to be adopted.