Photovoltaic systems: taxation revenues
In the framework of incentives of the Energy Bill, every photovoltaic system produces in itself a gain by the mere fact of producing energy using renewable sources. This first source of revenue is the feed-in tariff, which is a recognized tariff for each kWh produced by your system. This rate, when combined with the particular conditions of the system or to other special measures on the building, may be increased by a certain percentage: this is, for example, the prize combined with efficient energy use. In the post Income Energy 2011: access rewards and incentives the means of access to the premium from January 2011.
The second direct source of income is derived from any sale of electricity generated (sales can be directed to the manager of the network or directly on the free market).
The tax regime applicable to the revenue acts on both sources of income and methods of taxation are dependent on the type of system chosen for your installation (on-site exchange or sale) and the tax profile of the plant manager (legal person, physical, condo or other)
1. In general, the share of income coming from the feed-in tariffs is irrelevant for the purposes of direct taxation only if the energy in excess of their own consumption is sold, and if the responsible entity is an individual, non-commercial entity or condo that does NOT use the plant as part of a business operation.
Specifically, there are two cases: power installations less than or equal to 20 Kw at the service of the house or the user's premises, installations and NOT the same size placed at the service user's home (or home institution) .
In the first case the sale of excess energy does not qualify as commercial activity and therefore the approved rate is not significant for the purposes of direct taxation or for the purpose of withholding tax of 4%.
In the second case, however, the energy produced in excess of their own consumption is considered sold as "commercial activity" is therefore considered as a taxable business activity with its tax obligations and administrative expenses, for the part corresponding to the energy sold . Consequently, the incentive rate for the portion corresponding to the energy sold, is configured as part of business income. Therefore, it is subject to income tax or IRES / IRAP as well as the withholding tax of 4%.
2. For the part of income from electricity sold, however, the proceeds are always taxable income, but if part of a business activity or not, is relevant to the mode of taxation:
if the sale of the energy is
- By a person who does not perform business activities
- Coming from a plant less than or equal to 20 kWp of power
- Coming from a system intended to meet the energy needs of the house or the office
then the proceeds are classified as "other income" or as income from a business NOT habitually pursued. The inclusion of these revenues among the "other income" means that the energy transfer is not subject to either VAT or to withholding tax, although it is still mandatory to declare and taxed on the income in the tax declaration.
In addition, as "other income", the system manager should NOT fulfill the obligations administrative and fiscal features of a commercial enterprise. The costs incurred for the purchase or construction of the plant, in addition, may NOT be deducted as expenses related to the production of income (in this case, as mentioned above, the part of income on the feed-in tariff has not and is not relevant for tax must therefore be neither declared nor taxed).
In all other cases in which it is sold, the excess energy produced by the PV system, it is called "exercise of commercial activity" and then "undertaking". In this case, therefore, the proceeds from the sale of energy are "financial income" that make up the business income. In this case, in fact, can also be deducted the VAT paid to the system installation.
08/12/2010
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Translated via software
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Source:
Italian version of CercaGeometra.it