Half-yearly financial Report at June 30, 2013 - A2A

Half-yearly financial report at June 30, 2013Other informationThe company filed an application for settlement against this assessment which was notaccepted by the Tax Revenue Office; it accordingly filed an appeal, requesting the TaxCommission to order the total cancellation of the notice. In October 2011 the Tax RevenueOffice notified a provision by internal review partially cancelling the subject assessment,upholding certain of the defensive arguments used by Edipower S.p.A. in connection with thecosts relating to 2005 and considerably reducing the additional amounts of IRES and IRAPclaimed. The Milan Provincial Tax Commission fully upheld the company’s argumentsconcerning VAT on excise duty and partially upheld those regarding IRES and IRAP, orderingthe partial cancellation of the assessment.The Tax Revenue Office filed an appeal but only concerning IRES and IRAP; as a result,therefore, the dispute regarding VAT on excise duty for 2005 has been closed by means of an“internal judgment”.Edipower S.p.A. - VAT assessments Green Certificates 2004 to 2010150On December 29, 2009 the Milan Tax Revenue Office served Edipower S.p.A. a VATassessment notice regarding fiscal 2004 and having as its object the alleged sales of GreenCertificates by tollers for the 2004 “green” requirements. This assessment notice was notpreceded by an audit at the company’s premises; on the contrary, the Tax Revenue Office’sinformation and assumptions were taken from the assessments carried out at the tollers’premises in 2008 and 2009. In particular, in the assessment in question the Tax Revenue Officesanctioned Edipower S.p.A. for not having used the reverse charge procedure given thatinvoices were not received for the alleged sales of the Green Certificates which in the TaxRevenue Office’s opinion the tollers had made in 2005 to meet their obligations for theprevious year. The amount of the penalty inflicted was 6.5 billion euro.Following opportune analyses which also included the tollers, it was considered that the TaxRevenue Office’s conclusions could not be accepted. In fact under the tolling arrangements theowners of the electricity produced by Edipower S.p.A. are “ab origine” the tollers, who are theowners of the fuel used. Under these arrangements each toller is responsible for theoperational and economic cost of obtaining the Green Certificates that relate to that toller onthe basis of the electricity produced according to his indications and production plans, handingthem over to the Manager via Edipower S.p.A.. Under the tolling arrangements and therequirements of law there is no transfer of the ownership of the Green Certificates between thetollers and Edipower S.p.A. and no fee passes between the parties; accordingly no transaction iscarried out for VAT purposes. For this reason no provision has been made in the financialstatements for this matter.