Temporary Business Energy Support Scheme (TBESS)
The Temporary Crisis Framework (TCF) has implications for qualifying businesses considered to be single undertakings or part of a single undertaking. These implications relate to:
- the amount of support that may be claimed under the TBESS
- the information that must be reported to Revenue
- the information that will be published on the Revenue website.
What is a single undertaking?
The meaning of ‘single undertaking’ is set out in de minimis aid legislation under EU State aid rules. All entities controlled on a legal or de facto basis by the same entity are considered a single undertaking.
For the purposes of the TBESS, the word ‘undertaking’ is regarded as any entity engaged in an economic activity. This is line with its interpretation in EU caselaw. This is regardless of its legal status and the way in which it is financed. Broadly, an economic activity is any activity consisting of offering goods or services on a given market.
Single undertaking - more than one business
In certain circumstances, two or more businesses may be regarded as a single undertaking. This is governed by State Aid rules and is important for determining overall levels of aid permitted under the TCF. For example, two businesses are considered a single undertaking if one business has the majority of voting rights in the other business.
This means that several businesses in a group of companies may be regarded as a single undertaking. The maximum amount of relief the group can claim is €2 million. The limit is €250,000 in the case of farmers and €300,000 in the case of the fishery and aquaculture sectors.
Subject to the overall cap, each qualifying business within the single undertaking may still receive up to:
- €10,000 per month
- €30,000 per month in certain circumstances.
This is outlined in more detail in the TBESS guidelines.
Reporting requirements for a single undertaking
A qualifying business must inform Revenue if it is considered to be a single undertaking with another person.
Each qualifying business that forms part of a single undertaking must provide Revenue with:
- the name of each person in the single undertaking
- the tax reference number of each person in the single undertaking.
A single undertaking may designate one person to fulfil this reporting obligation on behalf of all members of the single undertaking.
Next: Webinar on the Temporary Business Energy Support Scheme (TBESS)