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

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Half-yearly financial report at June 30, 2013Other informationOn December 14, 2010 the Tax Revenue Office served a further VAT assessment notice regardingfiscal 2005 having as its object the alleged sales of Green Certificates by tollers for the 2005“green” requirements. The findings of the Tax Revenue Office were the same as those alreadynotified in the assessment for 2004 and the penalty inflicted was 4.6 million euro.In August 2011 the Milan Finance Police carried out an official tax audit of Edipower S.p.A.having as its object the alleged sales of Green Certificates from 2006 to 2010. Thisinvestigation was started as the result of a tax audit completed earlier at one of the tollers andwas the continuation of the audits already started by the Tax Revenue Office for 2004 and2005 described above.In their tax audit report issued on the completion of the investigations on October 21, 2011, theofficers stated their conviction that the Green Certificates handed over by the tollers to dischargetheir obligations represent remuneration for Edipower S.p.A. as an addition to the tolling fee. Forthis reason the auditors stated that Edipower S.p.A. should have used the reverse chargeprocedure for the Green Certificates received from the tollers and should have recharged thecosts incurred in this way on their behalf. For this double violation the Finance Police assessedunsettled VAT, for the years from 2006 to 2010, in the amount of 54.4 million euro and penalties ofthe same amount. Following the issue of the tax audit report, at the end of December 2011 theMilan Tax Revenue Office issued an assessment notice for 2006 containing a demand for VAT andrelated penalties for a total of 61.7 million euro and a penalty notice of 12.3 million euro.151On the basis of the reasons described in detail above, it is considered that the claims regardingVAT on excise duty and VAT on Green Certificates are unsubstantiated from a subjectivestandpoint and on the merits, and accordingly no provision has been made in the financialstatements for this matter.Edipower S.p.A. has made timely appeal to the appropriate authorities against all the noticesserved, requesting the total cancellation of the demands for taxes. The assessment notice for2005 was discussed in the hearing of May 25, 2012, during which the judges upheld thecompany’s appeal. On November 26, 2012 a hearing was held to discuss the appeal relating to2004; the filing of the sentence is awaited.In August 2012 Equitalia served a payment notice for the recovery of one third of the VATrelating to 2006. The company has filed an application for the suspension of payment againstthis demand and this request was upheld in the hearing of October 23, 2012.On April 9, 2013 the hearing for the discussion of the appeal for 2006 was held (assessmentnotice for VAT and penalties). The Tax Revenue Office filed an application for the dismissal ofthe case for the lack of issues to dispute together with the papers for the completecancellation of the assessments served for 2006. As a result, the judge dismissed the case.
Half-yearly financial report at June 30, 2013Other informationIn April 2013, the Tax Revenue Office additionally served the company notice of the completecancellation of the demand for penalties for 2006 by internal procedure. These steps confirmearlier statements made verbally by officials of the Tax Revenue Office to the company’slawyers, concerning the fact that the administration had taken the decision to completelycancel all the VAT assessments served on tollers and tollees concerning Green Certificates.Ecodeco S.r.l. (now A2A Ambiente S.r.l.) – Assessment for VAT purposes for fiscal2003On November 15, 2012 the Milan Tax Revenue Office notified that it had filed an appeal with theSupreme Court against the sentence of the Lombardy Regional Tax Commission which upheldthe company’s arguments concerning the dispute with the Finance Police over VAT for a totalof 48,000 euro plus interest and penalties.On December 23, 2012 the company filed a cross appeal with the Supreme Court.152Ecodeco S.r.l. (now A2A Ambiente S.r.l.) – Assessment for VAT purposes for fiscal2006 and 2007On July 5 and 6, 2010 the Milan Tax Revenue Office 3 served four notices of VAT assessments forthe years 2006 and 2007 contesting the reduced VAT rates applied to the disposal of RefuseDerived Fuel (RDF). This claim was accompanied by a demand for additional VAT of 472 thousandeuro for 2006 and 496 thousand euro for 2007, in both cases plus penalties and interest.Ecodeco S.r.l. filed an appeal with the appropriate authorities against both tax assessmentnotices. The appeal was discussed on March 22, 2012.On May 15, 2012 the Milan Provincial Tax Commission (CTP) upheld the appeal.On December 10, 2012 the Milan Tax Revenue Office filed an appeal with the Milan Regional TaxCommission (CTR) against the sentence in the company’s favor. On February 8, 2013 thecompany filed a cross appeal. On July 9, 2013, the Milan CTR rejected the appeal filed by theTax Revenue Office for three of the four notices.Discussion on the fourth assessment notice relating to 2006 VAT for an amount of 157,435.00euro has been assigned to another section of the Milan CTR and will be discussed on October24, 2013.Ecodeco S.r.l. (now A2A Ambiente S.r.l.) - Assessment for IRES/IRAP/VAT purposesfor fiscal 2007On August 17, 2011 notices of IRES and IRAP tax assessments were served, contesting amongother things the deductibility of the charge to a provision for risks, with the request for
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