Windfall tax on electricity producers: to pay or not to pay?

Windfall tax on electricity

By Law of 16 December 2022, Belgium implemented the European regulation on an emergency intervention to address high energy prices (Regulation (EU) 2022/1854), introducing a windfall tax on market revenues from the sale of electricity, generated with specific technology and injected in the grid or a direct line.

The tax amounts to 100% of the market revenue exceeding a certain cap (130 EUR / MWh or 180 EUR / MWh for electricity generated from biomass fuels and the incineration of urban waste) and applies (currently) for the period from 1 August 2022 to 30 June 2023.

Annulment proceedings

The windfall tax is currently being challenged before the Constitutional Court in multiple annulment proceedings based on various arguments (infringement of the principle of equality, because of the retroactive entry into force, infringement of European law…).

However, a judgment from the Constitutional Court is not to be expected before the end of 2024.


Payment notices

The tax returns for the period from 1 August 2022 to 31 December 2022 had to be filed before 30 April 2023.

The tax bills (“heffing ten behoeve van de staat”) are currently being sent by the FPS Economy and must be paid within 3 months. If not paid timely, late payment interest will be due and the tax authorities (who are appointed to recover the tax) can take recovery measures.


Determine your strategy!

In the case at hand, undertakings should thus determine their strategy vis-à-vis these payment notices and take some important decisions:

  • Should I pay the tax or not? What are the consequences if the tax is not paid on time?
  • If the tax is annulled by the Constitutional Court, can I recover the taxes paid?
  • Should I dispute the tax?
  • Which steps must be taken to fully safeguard my rights?


Monard Law has a multidisciplinary team of experts who can help you determining and implementing the appropriate strategy. If you have any questions, please do not hesitate to contact Hilde Van den Keybus ( or Luk Cassimon (

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