Legislator Case Law & Legislation
VII R 33/10 AI generated

Battery charging as electricity generation under the electricity tax manufacturer privilege

Case Number VII R 33/10
Court / Authority
Jurisdiction Germany (DE)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Federal Court of Tax and Labor Matters (BFH) rejected the taxpayer's appeal, affirming the lower court's assessment that the company did not qualify for the manufacturer privilege under § 9 Abs. 1 Nr. 2 StromStG and thus remained liable for electricity tax. The dispute concerned whether the charging of batteries, which involves converting alternating current to direct current, constitutes the "generation" of electricity within the meaning of the Electricity Tax Act. The court held that while the technical process involves conversion, it does not amount to the initial production or generation of electrical energy from other energy sources, which is the requisite condition for claiming the statutory exemption reserved for manufacturers; consequently, the taxpayer is treated as a consumer rather than a producer.

Legislator headnote

AI generated

Battery charging as electricity generation under the electricity tax manufacturer privilege: 1 Nr. 2 StromStG and thus remained liable for electricity tax. The dispute concerned whether the charging of batteries, which involves converting alternating current to direct current, constitutes the "generation" of electricity within the meaning of the Electricity Tax Act. The court held that while the technical process involves conversion, it does not amount to the initial production or generation of electrical energy from other energy sources, which is the requisite condition for claiming the statutory exemption reserved for manufacturers; consequently, the taxpayer is treated as a consumer rather than a producer.

Keywords

AI generated
energy tax exemption direct tax matter in dispute means of production unlawful abstraction of energy tax assessments
AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text

(Stromsteuerrechtliches Herstellerprivileg - Auslegung von § 9 Abs. 1 Nr. 2 StromStG - Aufladen einer Batterie ist keine Stromerzeugung - Umwandlung von Wechselstrom in Gleichstrom)