The Ministerial Decree of 10 March 2026, published in the Italian Official Gazette Gazzetta Ufficiale Serie Generale no. 66 of 20 March 2026 (prot. 26A01335), is the primary implementing act for Legislative Decree 43/2025 on electricity excise. While D.Lgs. 43/2025 sets out what changes in the consolidated excise code (Testo Unico Accise, art. 56-ter TUA), the DM 10/03/2026 sets out how: plant denuncia di officina (plant declaration) documentation, monthly acconto (down-payment) mechanics, the new dichiarazione semestrale (semi-annual declaration) structure, conguaglio (reconciliation) timing, the 15% cauzione(bond/security) and the new monthly sellers' communications. This article walks article-by-article through the provisions that multinational operators and consultants handling Italian compliance need to know.
Law vs implementing decree: how to read them together
The two acts are complementary and must be read together. D.Lgs. 43/2025 is the primary law that rewrote the architecture of Italian electricity excise from 1 January 2026 (see our companion piece on D.Lgs. 43/2025 and AD-1 declarations in 2026). The DM 10 March 2026 is the ministerial decree, signed by the Vice Minister of Economy and Finance, that operationalises the new framework. Without the DM, the obligations in the primary law would not be enforceable in detail. The decree replaces prior MEF decrees on the application of electricity excise and reorganises the entire compliance cycle.
Art. 2 - Documentation for the plant declaration
The denuncia di officina (plant declaration) is the act by which an operator notifies the ADM (Italian customs and monopolies agency) of a new electricity plant or activity. Art. 2 of the DM lists the documentation that must accompany the declaration:
- A technical description of the plant with grid-connection details.
- A prospetto (table) of energy percentages per use type, including exempt, excluded and reduced-rate uses.
- For mixed-use (uso promiscuo) operators: the percentage split across uses, with a written justification of the criteria adopted.
Art. 7 - Monthly down-payments (acconti mensili)
From 1 January 2026 the fixed monthly advance regime is replaced by an acconto mensile on actual prior-month figures. The decree defines a different calculation base depending on the operator's function:
- Vendor (venditore): excise on quantities invoiced to final consumers in the prior calendar month, broken down by ambito territoriale (territorial scope, i.e. the accounting zone tied to the regional surcharge).
- Own-use consumer (consumatore per uso proprio): excise on quantities consumed for own use in the prior month.
- Consumer-vendor (consumatore-venditore): sum of both bases above.
Each acconto is due by the end of the reference month. A transitional rule applies to January 2026 only: the acconto equals the December 2025 instalment computed under the old (pre-reform) method, so the first payment under the new system does not require a complete reconstruction of January data.
Art. 8 - The semi-annual declaration (dichiarazione semestrale)
The annual AD-1 is replaced by two semi-annual declarations per year. Art. 8 fixes the structure:
| Half-year | Reference period | Filing deadline |
|---|---|---|
| H1 | 1 January - 30 June | End of September (same year) |
| H2 | 1 July - 31 December | End of March (following year) |
The decree mandates telematic-only submission. The actual AD-1 model and technical specifications for the new semi-annual filing are defined by a separate Determinazione of the ADM Director under art. 55 c.14 TUA. The determination number is referenced in some early commentary but, as of the writing of this article, has not been independently verified by us against the ADM portal - operators should rely on the version published on the official ADM site.
The content required for each operator type mirrors the acconti structure:
- Vendors: quantities per ambito territoriale multiplied by the applicable rates at the moment of supply, per semester.
- Own-use consumers: quantities consumed for own use multiplied by the applicable rates at the moment of consumption.
- Consumer-vendors: both of the above.
Art. 9 - Conguaglio (reconciliation payment)
The conguaglio is the semi-annual reconciliation between the sum of monthly acconti paid in the half-year and the excise actually due as reported in the dichiarazione semestrale. Under art. 9, the conguaglio payment is due by the end of the same month in which the semi-annual declaration is filed (so end of September for H1 and end of March for H2). Vendors and consumer-vendors must settle the conguaglio per ambito territoriale. Credit balances may be carried forward to subsequent periods or requested as a rimborso (refund).
Art. 10 - Cauzione: 15% of estimated annual excise
The bond (cauzione) lodged with the ADM is set at 15% of the estimated annual excise, calculated on the basis of the data declared in the denuncia di officina. After the first determination, the bond is subject to quarterly recalculation on the basis of actual figures emerging from the monthly cycle. For operators already active before the reform, the new 15% rule applies from 1 April 2026 under the transitional provisions of art. 22 (see below) - which in practice means renegotiating the bond instrument with the issuing bank or insurer.
Art. 11 - Monthly sellers' communications
Starting 1 April 2026, vendors must transmit to the ADM a monthly communication reporting, for the prior month:
- Quantities invoiced to final consumers.
- A breakdown per destinazione d'uso (end use) and per ambito territoriale.
- Corresponding excise amounts.
This is a new structural obligation that did not exist under the prior regime and materially increases the data flow between vendors and ADM. It runs in parallel with - not as a substitute for - the monthly acconto payment and the semi-annual declaration.
Art. 15 - Storage plants and the 20 kW renewables clarification
Art. 15 contains two clarifications that have been the subject of frequent operator questions:
- Storage-only plants: electricity consumed in plants connected to the grid and primarily constituted by accumulation plants (BESS) is exempt from excise (clarifying art. 52 c.3 letter a) TUA).
- Renewable production >20 kW: electricity produced from renewable sources at plants above 20 kW that is consumed outside the production site or by parties other than the producer is not exempt (clarifying art. 52 c.3 letter b) TUA). The 20 kW exemption for renewable own-consumption at the production site remains unchanged.
Art. 22 - Transitional provisions (the dates that matter)
For operators that were already active at 31 December 2025, art. 22 sets out a calendar of transitional duties. The key dates:
| Date | Obligation | Who |
|---|---|---|
| 31 March 2026 | Submit notification of full-grid-injection production activity | Plants already active at 31/12/2025 producing electricity entirely fed into the grid |
| 31 March 2026 | File denuncia di officina | Renewable producers ≤20 kW selling to final consumers |
| 1 April 2026 | Bond adjusted to 15% of estimated annual excise | All existing authorisation/licence holders |
| 1 April 2026 | Monthly sellers' communications start | All vendors |
Existing consumer exemption declarations (non-sottoposto, esente) remain valid; operators do not need to refile them to keep their exempt status under the new framework.
What this means for non-Italian operators
Multinationals supplying or consuming electricity in Italy via an Italian permanent establishment or licensed entity should plan for three operational shifts in 2026:
- Monthly cash-flow tracking: the acconto regime requires booking actual prior-month invoiced or consumed quantities by territorial scope, every month. Annual roll-ups no longer suffice.
- Bond renegotiation: the move to 15% of estimated annual excise will, for many operators, change the size of the bond instrument and trigger a fresh underwriting cycle with the bank or insurer before April 2026.
- Two filing windows per year: end of September and end of March. The September deadline falls in mid-summer and is easy to miss without scheduled internal reminders and a 30 June meter reading process.
Frequently asked questions
When does DM 10 March 2026 enter into force?
The decree was published on 20 March 2026 in the Italian Official Gazette (Gazzetta Ufficiale) no. 66 (prot. 26A01335) and is the primary implementing act of D.Lgs. 43/2025. Operative provisions phase in across 2026 per the schedule in Art. 22 - in particular, the bond adjustment and monthly sellers' communications run from 1 April 2026.
What are the deadlines for the semi-annual AD-1 declaration?
Art. 8 of the DM sets two annual telematic-only deadlines: end of September for the first-semester declaration (H1, January-June) and end of March of the following year for the second semester (H2, July-December). The semi-annual AD-1 form is defined by a Determination of the Director of ADM pursuant to art. 55 c. 14 TUA.
How is the 15% bond calculated?
Art. 10 of the DM sets the bond at 15% of the estimated annual excise, calculated from the data in the denuncia di officina (plant declaration). It is subject to quarterly adjustment. For operators already active on 31 December 2025, the adjustment runs from 1 April 2026 (Art. 22 c. 1).
What must electricity sellers report monthly to ADM from 1 April 2026?
Art. 11 requires sellers to submit monthly to ADM the quantities of electricity invoiced to final consumers in the prior month, broken down by destinazione d'uso (use type) and ambito territoriale (territorial scope), with the corresponding excise amounts. The technical format will be defined by a Determination of the ADM Director.
What changes for storage systems and renewables?
Art. 15 clarifies two points. Electricity consumed in grid-connected plants made up primarily of storage systems is exempt (Art. 52 c. 3 lett. a TUA). Conversely, electricity from renewable sources above 20 kW is NOT exempt when consumed outside the production site or by parties other than the self-producer (clarifying art. 52 c. 3 lett. b TUA).
Legal sources
- DM 10 March 2026 - Gazzetta Ufficiale Serie Generale no. 66 of 20 March 2026 (prot. 26A01335)
- D.Lgs. 14 March 2025, no. 43 - Reform of the Testo Unico Accise (TUA)
- Art. 56-ter TUA (legal basis for the DM); artt. 52, 53, 53-bis, 55 TUA (operative rules)
- ADM Circular 32/2025 and 34/2025 - compilation instructions and transition guidance
- ADM Director Determination on the semi-annual AD-1 model (art. 55 c.14 TUA) - to be verified directly on the ADM portal