From 1 April 2026, the surety bond (cauzione) that every electricity plant (officina elettrica) operator must provide to the Agenzia delle Dogane e dei Monopoli (ADM - Italian Customs Agency) is calculated as 15% of the estimated annual excise tax. The formula is: annual kWh consumed or transferred (from the plant declaration) x applicable excise rate x 15%. DM 10 March 2026, Art. 10 established this rule implementing D.Lgs. 43/2025. Operators already active on 31 December 2025 had to comply by 1 April 2026. The bond must be recalculated quarterly based on actual consumption. Plants with SOAC (Soggetto Obbligato Accreditato) status can reduce it by 30% to 100%.
What is the surety bond for electricity plants
The surety bond (cauzione) is a guarantee - typically a bank guarantee (fideiussione bancaria) or a surety insurance policy (polizza assicurativa cauzionale) - that the electricity plant operator provides to ADM as a condition for the operating authorisation. It guarantees payment of excise taxes due in case of operator insolvency. It is not a cash deposit with ADM: the document remains with the bank or insurance company while the plant is active, but ADM can call on it in case of default.
Before the D.Lgs. 43/2025 reform, the bond amount was calculated using different criteria, often tied to fixed annual instalments. The reform unified the method with a single formula applicable to all declarant figures, updated quarterly.
The new formula: 15% of estimated annual excise
The bond is calculated by multiplying the annual kWh declared in the plant declaration by the applicable excise rate, then applying 15%:
| Parameter | Example - industrial plant |
|---|---|
| Annual kWh (from plant declaration) | 500,000 kWh |
| Rate - industrial use (Art. 52 TUA) | €0.0125/kWh |
| Estimated annual excise | €6,250 |
| Surety bond (15%) | €938 |
The applicable rate depends on the intended use and declarant figure: domestic use (€0.0227/kWh), public lighting, industrial use, agricultural use, etc. For plants with mixed uses, a weighted average of the applicable rates is calculated.
Quarterly bond update
The bond is not fixed for the entire operating period. DM 10 March 2026, Art. 10, c.3 requires quarterly updates based on a 20% variation threshold:
- If actual quarterly consumption exceeds the proportional annual estimate by 20% or more, the operator must increase the bond by the end of the month following the reference quarter.
- If consumption falls by 20% or more below the estimate, reduction can be requested at the same deadline.
- Variations below 20% do not require immediate update; recalibration occurs at the next plant declaration.
Who is affected
The obligation to provide a surety bond applies to liable persons under Arts. 52-54 TUA as updated by D.Lgs. 43/2025:
- Holders of an operating licence (Art. 53, c.1 TUA) - plants above 20 kW that supply energy to third parties
- Holders of an own-use authorisation (Art. 53, c.5 TUA) - plants above 20 kW with full or partial self-consumption
- Renewable Energy Communities (CER) that produce and share energy
- Internal Distribution Networks (RIU - Reti Interne d'Utenza)
- Entities with a simple notification (Art. 53, c.3 TUA) - including renewable producers between 20 kW and 200 kW with grid injection
Exempt from the bond: producers with nominal power below 20 kW (excise exemption threshold, Art. 52, c.1 TUA) and entities classified as non-liable.
Transitional rules: operators already active on 31/12/2025
Art. 22, c.1 of DM 10/03/2026 set 1 April 2026 as the deadline for adjusting the bond to the new formula for operators already holding authorisation on 31 December 2025. No official extensions have been issued after that date.
Compliance requires:
- Calculate the new bond: kWh from plant declaration x applicable rate x 15%
- Contact the bank or insurance company to amend the existing guarantee or issue an updated document for the calculated amount
- Deliver the updated document to the competent ADM Ufficio Tecnico di Finanza for the plant's territory
SOAC status and bond reduction
The SOAC-GE (Soggetto Obbligato Accreditato) status, introduced by Arts. 9-ter to 9-octies TUA, allows significant reductions on the bond amount:
| SOAC Level | Bond reduction |
|---|---|
| Basic | 30% |
| Intermediate | 50% |
| Advanced | 100% (full exemption) |
The implementing decree governing SOAC accreditation procedures had not been published as of early 2026: until it enters into force, SOAC status is not operational. For more on the overall reform, see D.Lgs. 43/2025 reform guide.
How to comply: bank or insurance
- Calculate the estimated annual excise: multiply the kWh declared in the plant declaration by the rate applicable to your intended use.
- Apply 15%: this is the bond amount to provide.
- Contact the bank or insurance company: request a bank guarantee or surety insurance policy for the calculated amount, made out to the Agenzia delle Dogane e dei Monopoli.
- Submit the document to ADM: deliver it to the competent ADM Ufficio Tecnico di Finanza for the plant's territory.
- Plan the quarterly update: set a reminder every three months to compare actual consumption against the estimate and check whether the variation exceeds 20%.
Legal sources
- D.Lgs. 14 March 2025, n. 43 - reform of the Testo Unico delle Accise (D.Lgs. 504/1995)
- DM 10 March 2026, Art. 10 - surety bond for electricity plants, formula and update
- DM 10 March 2026, Art. 22, c.1 - transitional deadline 1 April 2026
- ADM Circular 32/2025 - initial guidance on the 15% bond
- Arts. 52 and 53 TUA - excise rates and liable persons
Deklara automatically calculates the surety bond based on the plant declaration and alerts when a quarterly update is required.