The energy company ČEZ, in which the state owns a majority stake, received 1.5 billion crowns in a won lawsuit. This income will increase CEZ Group’s net profit in the fourth quarter of 2021 and is not subject to income tax.
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„On November 2, ČEZ received CZK 1.484 billion in interest from unauthorized actions of the tax administrator in relation to the incorrect assessment of the period for granting interest related to the refunded overpayment of gift tax on emission allowances for 2011 and 2012, “commented ČEZ SZZ Ladislav Ladislav Cross.
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In other words, it is interest on arrears in the dispute over the paid gift tax on emission allowances for the years 2011 and 2012.
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CEZ conducted two disputes with the Appellate Finance Directorate on the basis of administrative lawsuits filed against the decisions of the Appellate Finance Directorate. Within them, the directorate awarded ČEZ interest on the unauthorized conduct of the tax administrator for the years 2011 and 2012, but only for the period from the additional payment assessments.
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CEZ protested and claimed that the directorate had incorrectly assessed the period for which it was entitled to interest on the tax administrator’s misconduct.
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In July 2020, the Municipal Court in Prague ruled in favor of ČEZ and returned the case to the Financial Appeals Directorate. This was followed by the issuance of new decisions by the Appellate Financial Directorate and the payment of the remaining part of the interest (almost 1.5 billion crowns.)
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The Appellate Finance Directorate filed cassation complaints with the Supreme Administrative Court. However, in December 2020, the Supreme Administrative Court issued judgments dismissing cassation complaints. That ended the disputes.
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Thirty-two percent taxation of emission allowances was introduced for 2011 and 2012 by the government of Prime Minister Petr Nečas, and the money raised partially covered support for renewable energy sources. This moderated the rise in electricity prices for businesses and households. The state collected 4.8 billion crowns in the tax on emission allowances in 2011, a year later CZK 2.7 billion.
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According to the ruling of the Court of Justice of the European Union, the tax of 2011 and 2012 was not in line with EU law if it was subject to more than ten percent of allowances. According to European Union directives, 90 percent of allowances were to be allocated to companies free of charge. Like ČEZ, in the past, the energy supplier for the Mladá Boleslav carmaker Škoda Auto Ško-Energo, Unipetrol, Dalkia and the Alpiq heating plant applied for a tax refund.
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