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Romgaz is expected to pay over 906 million lei, in the account of the solidarity tax


The National Society for Natural Gas Romgaz is going to pay 906.104 million lei in the account of the solidarity tax, the sum being included in the draft of the budget for income and expenses on 2023, to be approved by the shareholders on 20th February.

Thus, according to the draft, published on the company site, under the chapter expenses with taxes, taxes and similar liabilities are included: expenses on royalties calculated as a percentage on extracted physical production and on condensation (1,047,822.000 lei), tax on supplementary income from gas sales (2,202,924.500 lei) contribution to the fund for energy transition (1,794,800 lei), contributions to ANRE (13,997,000 lei), solidarity tax (906,104,000 lei) as well as taxes on land, buildings, all authorization, environmental and other taxes and duties.

Tax and tax expenses account for 55% of the company’s total expenses.

According to art.1,(1) from the government ordnance, the solidarity tax is applied to the companies with a turnover of over 75% including, from activities developed in the sectors of oil, natural gas, coal and refineries, with CAEN codes: 0610 – oil extraction, 0620 – natural gas extraction, 0510- coal extraction, 1910 – manufacture of coke oven products and 1920 – manufacture of products obtained from oil refining.

At the same time, the solidarity tax is due to the affiliated parties.

The ministry of finances has transposed through the emergency ordnance, approved in the government meeting of 29th December 2022, the provisions of the EU regulation 2022/1854 which includes all member states and has as main objective the protection of the population vulnerable categories against the effects of prices increases in energy and the financing of investments in strategic energy projects.

According to the Romanian authorities, as a result this measure 3.9 billion lei would be collected in a special fund. The solidarity tax is 60% for what surpasses more than 20% of the average of the profits over the last four years, namely 2018, 2019, 2020 and 2021. Out of the collected sum, minimum 70% will be distributed for the financing of the strategic investments, as well as investments in energy efficiency and renewable energy.

Last week, the Austrian group OMV announced that, as regards the solidarity tax decided at the level of the EU and transposed in the Romanian legislation through OUG on 29th December 2022 considers that ‘OMV Petrom would not be included for the purpose of this solidarity contribution for the fiscal year 2022, having less than 75% of the turnover in the defined sectors: oil extraction, natural gas extraction, coal extraction and oil refining. 

On Wednesday the minister of finances, Adrian Caciu stated that he required the European Commission clarification as regards the European regulation transposed in the national legislation through the emergency ordnance on energy, for the introduction of the solidarity tax, adding that ‘ everybody will pay in a solidarity way the increase price of life’ .

‘ The government has implemented pillar three, the solidarity tax, taking into consideration everything was written in the regulation ( European one- o.n.), including the elements which seem to raise a series of interpretation elements, namely that reference to at least 75% of the turnover on certain sectors. The purpose is the following: those who had profit and exceptional income in the energy sector will pay to compensate the increase of life costs, both for the citizens and the increase of the costs for the companies as well, and it is a matter accepted by Europe as well. Romania took these steps starting with January 2022’ Adrian Caciu said.

He said that he required the European Commission clarification connected to this solidarity tax.

‘In order to clarify the interpretation of the regulation and of the ordnance, I required the European Commission to make a norm of interpretation on this article, especially article 2, definitions in the regulation and this request was made on the basis of point 66 in the foreword which says that, in case there are ambiguities in the implementation of what solidarity tax means, the member states may request the European Commission an interpretation norm’ the minister said.

Caciu said there will be amendments in the legislation, if as a result of the clarifications of the European Commission it is clear that improvements are needed.