Taxation of sales of certificates of origin for electricity from renewable sources (RES)
25 April 2020
The director of the National Tax Information issued a favorable tax interpretation on the taxation of RES certificates (Individual Interpretation dated 19/02/2020, No. 0114-KDIP2-1.4010.533.2019.1.KS). Despite the fact that RES certificates of origin constitute property rights, the tax authority decided that revenues from the sale of such certificates do not constitute capital gains, as they were not mentioned in art. 7b paragraph 1 point 6 lit. a or lit. b of the CIT Act.
The above means that revenues from the sale of RES certificates of origin should be classified as revenues from other sources, and thus these revenues can be settled with losses from general economic activity (losses from other sources of income).