Italy: Robin Hood Tax on energy companies declared illegitimate

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


Italy: Robin Hood Tax on energy companies declared illegitimate

foglia.jpg

dayala.jpg

Giuliano Foglia


Giovanni d’Ayala Valva

With the February 11 2015 decision n. 10/2015, the Italian Constitutional Court declared the 'Robin Hood Tax' unconstitutional. The removal of the Robin Hood Tax is being welcomed by energy companies, since it determines a significant reduction of the tax burden (from 34% per cent to 27.5%) and boosts earnings. The Robin Hood Tax was introduced in 2008 as a surtax on certain companies operating in the energy sector to rein in what was considered an excessive profits from high oil prices. Starting from 2011, it became applicable also to companies active in the renewable energy sector

In a nutshell, the Robin Hood Tax consisted in a surcharge of 6.5% of the ordinary corporate income tax rate and it was applicable to companies that exceeded certain financial thresholds.

With the decision n. 10/2015 the Constitutional Court upheld the taxpayers' claim and declared Robin Hood Tax in breach of the principles of equality and ability-to-pay established by articles 3 and 53 of the Italian Constitution.

In particular, the Court underlined that: (i) Robin Hood Tax was supposed to tax extra-profits but it actually taxed the overall taxable income; (ii) the intention of the legislator was to introduce a temporary surtax to face specific economic circumstances but it has become an ordinary corporate income tax for energy companies, without any specific link with the taxpayer's ability to pay; (iii) notwithstanding the express ban provided by the law, the impossibility to prevent companies from shifting the burden of such tax onto consumers was proved.

According to decision n. 10/2015 the declaration of unconstitutionality does not apply retroactively and its removal is, therefore, effective as from the day after its publication in the Official Gazette (that is, February 11 2015).

Despite Italian law allowing for decisions of the Constitutional Court to be, in principle, retroactive, the Court in this case expressly limited its verdict to the future, to avoid a potentially massive adverse effect on the Italian public accounts.

This should mean that there is no room to claim for the refund of the sums paid in the past.

It is, however, unclear whether the decision affects 2014 considering that calendar year taxpayers have still (i) to pay the balance of the corporate income tax (in June 2015); and (ii) to file the 2014 tax return (in September 2015). It is also still unclear what happens for taxpayers whose fiscal year does not coincide with the calendar one. Other issues have arisen with respect to the impact of the decision in relation to the relevant accounting treatment of the deferred tax assets and liabilities due to taxable temporary differences.

Clarifications by the Italian tax authority are expected.

Giuliano Foglia (foglia@virtax.it) and Giovanni d'Ayala Valva (dayala@virtax.it)

Tremonti Vitali Romagnoli Piccardi e Associati

Tel: +39 06 3218022 (Rome); +39 02 58313707 (Milan)

Website: www.virtax.it

more across site & shared bottom lb ros

More from across our site

The recently founded AI platform stands out in a crowded marketplace thanks to a compelling vision and friends in the right places
Advisers expect consumption tax reform to stay on course, but debt pressures could push the government towards tougher enforcement and incentive reviews
The firm demonstrated its sweet spot of litigation with an international twist with the recent win for the Danish tax authority…but it’s not a tax case
The recently formed firm has taken a break from hiring EY talent to expand its transactional tax and tax technology capabilities
The AI platform, founded last year by two school friends, is partnering with challenger firms like Unity Advisory and A&M Tax to launch its own assault on the AI tax market
Not only has Aurtus received recognition from ITR in the past, but its founder was both a partner at KPMG and co-founder of Dhruva Advisors
Clients care more about considered counsel than rapid media-friendly soundbites, says Matthew Gilleard, associate director at Infinite
It was also a memorable night for Galicia, KPMG, Skadden and Pinheiro Neto, all of which scooped major awards at a gala ceremony in New York
The former Deloitte UK CEO earned a 45% raise in a year when 1,000 staff reportedly lost their jobs – and the pay gap is only getting bigger
In a seminal development for big law, the 95-year-old firm is set to cease operations after a series of high-profile partner departures
Gift this article