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V0116-23 3 February 2023 · SG de Impuestos sobre el Consumo Criterion in force
IVA · sujeción al impuesto

Deliveries of waste for use as fuel are subject to VAT at the general rate of 21%

A waste treatment company inquires about the VAT rate applicable to deliveries of waste that it previously disposed of and now delivers for use as fuel. The DGT determines that these operations are subject to the tax at the general rate.

The question raised

Question posed: Type of Value Added Tax applicable to these new deliveries.

The DGT's ruling

Deliveries of goods made by a commercial entity in the exercise of its business activity are subject to VAT. As they are not provided for in Article 91 of Law 37/1992, these deliveries of waste are taxed at the rate of 21 percent. Furthermore, the reverse charge mechanism applies if the goods fall within the categories of the Combined Nomenclature detailed in the annex to the law.

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