43.3 Provisions for counterparty claims, court disputes and other provisions

Table 1

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Operating segment Description As at 31 December 2020 As at 31 December 2019
Provision for counterparty claims
Generation The provision relates to claims submitted by contractors in connection with the
construction of the 910 MW Unit in Jaworzno. A provision of PLN 93,539 thousand
was created by the company in the Generation segment for additional increased costs
related to ongoing contracts in the year ended 31 December 2019. The change in the
provision, in the year ended 31 December 2020, mainly relates to the creation of a
provision of PLN 56,590 thousand in relation to new claims and the partial reversal of
the provision of PLN 128,477 thousand in connection with the updating and
settlement of estimates during the year; the values were charged to capital
expenditure.
11,895 93,539
Provision for the increase in remuneration for transmission easements
Distribution The provision relates to the risk of increased periodic charges for transmission
easements for energy infrastructure located in the territory of forest districts
subordinated to the Regional Directorate of State Forests in Wrocław in connection
with a change in the nature of land from forest land to land associated with business
activities. In the year ended 31 December 2020, the company of the Distribution
segment used the provision in the amount of PLN 2,566 thousand and partially
released the provision of PLN 5,704 thousand.
59,053 67,323
Provision for a fine to the Energy Regulatory Office (“ERO“)
Distribution The provision relates to the risk of violation of the Energy Law of 10 April 1997 by
misleading the ERO President with respect to the information provided at its request.
6,000 6,000
Provision for real estate tax
Distribution Provision for the economic risk in the scope of real estate tax relating to power grid
assets.
39,356 39,356
Renewable
Energy Source
The provision relates to the risk of the effects of the Constitutional Court judgement of
22 July 2020 on imposing the real estate tax on wind power plants in 2018.
16,776
Provision for value added tax
Sales In the current reporting period and in the comparable period, the Company updated
provisions against tax risks in connection with the inspection proceedings initiated in 2014
and 2016 by the Director of the Tax Inspection Office in Warsaw (“UKS Director”) in
relation to value added tax. The duration of these proceedings was several times
extended by the UKS Director and by the Head of Mazowiecki Customs and Tax Control
Office.
In the year ended 31 December 2020 and in the comparative period, the Company
increased the provision accordingly in connection with interest accrual.
On 17 September 2020, the Head of the Mazowiecki Customs and Tax Control Office in
Warsaw issued a decision concluding the inspection proceedings initiated in 2014, which
was received on 7 October 2020. In connection with the foregoing, the Company has
updated the provision accordingly:
− in connection with the assessment of the liability, the provision of PLN 54,734 thousand
was used;
− the provision of PLN 24,497 thousand was reversed in the scope of interest accrued.
Payment of the liability in the total amount of PLN 54,734 thousand (of which PLN 51,819
thousand was the principal amount due and PLN 2,915 thousand was the interest due
until the date of initiation of the proceedings) took place in October 2020. At the same
time, on 20 October 2020, a complaint was lodged by the Company against the decision
of the Head of the Mazowiecki Customs and Tax Control Office in Warsaw dated 17
September 2020. The complaint, accompanied by the case file was forwarded to the
second instance authority, i.e. the Director of the Revenue Administration Regional Office
in Katowice. On 18 December 2020 the Director of the Revenue Administration Regional
Office in Katowice issued a notice setting a new deadline for the conclusion of the appeal
proceedings. The new deadline was scheduled on 15 April 2021.
With regard to the inspection proceedings initiated in 2016, in November 2020 the
Company received the result of the inspection, i.e. the document concluding these
inspection proceedings, in which no irregularities were found with regard to the subject
matter of the inspection. The Company has not created any provisions for the
consequences of these proceedings.
With regard to another inspection proceedings initiated in 2016, after the balance sheet
date, on 15 January 2021, the Head of the Mazowiecki Customs and Tax Control Office
in Warsaw issued a decision concluding the inspection proceedings. On 3 February 2021,
the Company paid the amount of the liability covered by the decision including interest in
the total amount of PLN 798 thousand.
798 77,094