Special levy in regulated sectors: For whom is it introduced or increased?

The approved consolidation package modifies, among other things, also the Act on the Special Levy on Business in Regulated Sectors (hereinafter referred to as the “Amendment”).

One of the main changes is the extension and modification of the range of regulated persons subject to the special levy. Such a person will newly also include a person or an branch office of a foreign person authorised to carry out activities in the field of production of petroleum products and their chemical processing. The Amendment also specifies and completes the range of pharmaceutical companies that will have to pay the special levy. While until now the levy only applied to companies with a permit from the Ministry of Health or a municipal region, it now also applies to companies that have a permit from the State Institute for Drug Control.

A negative change is the increase in the rate of the levy for persons authorised to carry out activities in the field of electronic communications (mobile operators) to 0.01576 per year until 2039 (from 2040 the rate will be reduced again to 0.00363). Persons authorised to carry out activities in the field of production of petroleum products and their chemical processing have an increased levy rate of 0.025.

New regulated persons, who expect to be active for the entire levy period, are obliged to pay the special levy starting from January 2025 if their economic result for the immediately preceding accounting period before 1 January 2025 amounted to at least EUR 3,000,000. The immediately preceding accounting period is deemed to be the period for which the obligation to draw up regular financial statements and submit them together with the tax return by 31 December 2024 has arisen.

If the new regulated persons have not reported an economic result before 1 January 2025 and plan to carry out their activities throughout the levy period, they have to pay the special levy starting from January 2025 only if their estimated economic result for the accounting period starting immediately before 1 January 2025 amounts to at least EUR 3,000,000.

New regulated persons who become liable to pay the special levy must deliver a written notification to the levy administrator by 31 January 2025.

A positive change for regulated persons is the fact that the revenues from government bonds will not be included in the basis for the levy calculation.

The above changes will take effect on 31 December 2024.