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What it is

Temporary taxes on energy, banks and large fortunes

BOE step 7 of 7 · Passed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 28 July 2022. Introduced by: Grupo Parlamentario Socialista Grupo Parlamentario Confederal de Unidas Podemos-En Comú Podem-Galicia en Común.

Official title: Private member's bill for the establishment of temporary energy levies and levies on credit institutions and financial credit establishments, and creating the temporary solidarity tax on large fortunes, and amending certain tax regulations.

Source: Congreso de los Diputados, file 122/000247· updated 11 Nov

Automatic summary, not yet reviewed

  1. A temporary energy levy is created for 2023 and 2024: large energy companies considered main operators will pay 1.2% of their revenue in Spain, with a 50% advance payment in February.
  2. Companies with 2019 revenue below 1 billion euros, and those whose energy activity does not exceed 50% of their business, are exempt from the energy levy.
  3. A temporary levy is created for credit institutions and credit financial establishments with 2019 interest and commission income of 800 million euros or more: they will pay 4.8% of their interest margin plus commissions, also in 2023 and 2024.
  4. Neither levy can be passed on to customers or deducted under Corporate income tax The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings.. Passing it on is a very serious offense punishable by a fine of 150% of the amount passed on.
  5. The Temporary Solidarity Tax on Large Fortunes is created, a tax complementary to the Wealth Tax for net worth above 3,000,000 euros. It is not transferred to the Autonomous Communities and applies for two tax years.
  6. Under the new large fortunes tax, the first 700,000 euros are a tax-free minimum, and the amount already paid under the Wealth Tax can be deducted, to avoid paying twice on the same wealth.
  7. Revenue from the energy levy will fund measures against high energy prices, and revenue from the banking levy will fund measures against the price impact of the invasion of Ukraine. Revenue from the large fortunes tax will go to policies supporting the most vulnerable.
  8. Several tax rules are amended: La Rioja moves to self-assessment for Inheritance and Gift Tax, holdings in non-resident entities with Spanish real estate become taxable, the Canary Islands Special Zone fees change, and tax deductions for film and series productions are expanded.

Who it affects

  • Large energy companies (main operators): Must pay 1.2% of their Spanish revenue in 2023 and 2024, with an advance payment in February.
  • Large banks and credit financial establishments: Must pay 4.8% of their interest and commission margin in 2023 and 2024, with an advance payment in February.
  • Individuals with net worth above 3,000,000 euros: Must file the new temporary solidarity tax for two tax years.
  • Film and series producers and those who finance them: Can apply expanded tax deductions under Corporate Income Tax.
  • Companies in the Canary Islands Special Zone: Pay new fees for authorization applications and annual registry permanence.

Words worth knowing

Prestación patrimonial de carácter público no tributario
A mandatory payment to the State that, under the law, is not a tax but a contribution compelled by the authorities for a public interest purpose.
Operador principal
A company holding a leading position in a sector, as declared by the National Commission on Markets and Competition.
Grupo fiscal en régimen de consolidación
A group of companies belonging to the same group that file Corporate Income Tax together as if they were a single company.
Repercusión económica
Passing the payment on to customers, for example by raising prices or fees to recover it.
Devengo
The moment the obligation to pay a tax arises, even if payment is made later.
income tax
The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced28 July 2022Someone registers the text in the Congreso.
  2. Admitted25 August 2022The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments23 September 2022Groups propose changes.
  4. Committee4 October 2022A committee goes through the text in detail.
  5. Plenary17 November 2022All 350 deputies vote.
  6. Senate24 November 2022The Senate can pass it, amend it or veto it.
  7. BOE22 December 2022It is published in the Official State Gazette (BOE) and comes into force.
See the 15 official steps on a timeline
Jul 2022Aug 2022Sept 2022Oct 2022Nov 202211. 28 July 2022: Presentación22. 25 August 2022: Boletín Oficial de las Cortes Generales Publicación desde 25/08/2022 hasta 30/08/202233. 25 August 2022: Calificación44. 30 August 2022: Gobierno Contestación desde 30/08/2022 hasta 02/09/202255. 2 September 2022: Pleno Toma en consideración desde 02/09/2022 hasta 13/09/202266. 13 September 2022: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 13/09/2022 hasta 20/09/202277. 20 September 2022: Comisión de Asuntos Económicos y Transformación Digital Publicación desde 20/09/2022 hasta 23/09/202288. 23 September 2022: Comisión de Asuntos Económicos y Transformación Digital Enmiendas desde 23/09/2022 hasta 11/11/202299. 4 October 2022: Comisión de Asuntos Económicos y Transformación Digital Mesa - Calificación desde 04/10/2022 hasta 04/10/20221010. 4 October 2022: Comisión de Asuntos Económicos y Transformación Digital Debate de totalidad desde 04/10/2022 hasta 03/11/20221111. 11 November 2022: Comisión de Asuntos Económicos y Transformación Digital Informe desde 11/11/2022 hasta 15/11/20221212. 15 November 2022: Comisión de Asuntos Económicos y Transformación Digital Dictamen desde 15/11/2022 hasta 17/11/20221313. 17 November 2022: Pleno Aprobación desde 17/11/2022 hasta 24/11/20221414. 24 November 2022: Senado desde 24/11/2022 hasta 22/12/20221515. 22 December 2022: Concluido - (Aprobado con modificaciones) desde 22/12/2022 hasta 24/01/2023

24 November 2022

How did the plenary vote?

More votes in favour 322 yes · 1 no · 23 abst.

Voted on: Technical correction to the statement of purpose.

This law had 42 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 39 of sitting 218· updated 10 Nov

Each dot is a seat. Tap one, or use the arrow keys, to see who it is.

Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Euskal Herria Bildu, Socialista, Vasco (EAJ-PNV), Mixto, Gcup-ec-gc, GPlu, Popular en el Congreso and VOX. 3 deputies voted differently from their group.

By province: in 51 most voted in favour; in 0, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 51
  • Against: 0
  • Tie: 1
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
13 abst.
Socialista120
119 in favour · 1 did not vote
Vasco (EAJ-PNV)6
6 in favour
Mixto11
8 in favour · 2 abst. · 1 did not vote
Ciudadanos9
1 against · 8 abst.
Gcup-ec-gc33
33 in favour
GPlu12
12 in favour
Popular en el Congreso88
88 in favour
VOX52
51 in favour · 1 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 38/2022, of December 27, on the Establishment of Temporary Energy and Credit and Financial Institutions Levies and Creating the Temporary Solidarity Tax on Large Fortunes, and Amending Certain Tax Provisions.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.