TICFE / CSPE: Publication in the JORF of the reduction in rates

Or the application of the “tariff shield” in the event of electricity prices rise

Published in the JORF on 30 January 2022, Decree No. 2022-84 about the reduction of excise duty on electricity (formerly known as TICFE / CSPE and renamed under the CIBS, new FR excise Code in application as of Jan 1st 2022) it comes into force the day after its publication, i.e. on 31 January 2022.

This is an exceptional measure implementing the tariff shield provided for in Article 29 of the 2022 Finance Act.

In order to limit the effects of electricity prices rise on households, businesses and public bodies, the French legislator has provided for a mechanism to reduce the excise duty on electricity. This mechanism is triggered when the so-called “blue tariff” of electricity for residential use provided for in Article R. 337-18 of the Energy Code, including all taxes, exceeds by more than 4% that applicable on 1 August 2021, which remains unchanged until 31 January 2022.

The CSPE, and therefore the excise duties on electricity, are then reduced so that the increase of price all tax included does not exceed 4%, without being able to reach a level of less than €1/MWh for private individuals and similar persons and €0.5/MWh for businesses. The reduction in the TICFE / CSPE is applicable until 31 January 2023.

For companies liable for the ex-TICFE / CSPE

You should remain well informed about the applicable rates considering the above-mentioned fluctuation criteria and ensure that your invoices show the amount and rate of excise duty expected.

FISCALEAD prepares, checks and submits the declarations for electricity excise duties (and other contributions associated with the distribution of electricity) on behalf of operators liable to pay them (distributors of electricity to final consumers). Contact us if you would like assistance with this reporting.

For companies that were exempt from the former TICFE/ CSPE on the basis of the TICFE amounts paid

You may wish to entrust us with an impact study in order to anticipate the maintenance (or not) of your exemptions for the year 2022. Indeed, with the entry into force of the CIBS (Code des Impositions des Biens et des Services), opportunities as well as new areas of potential risks have been introduced.