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A taxpayer queried the VAT rate applicable to fresh cheeses mixed with nougat, almond, chocolate, papaya, or pineapple. The DGT ruled that the 4% rate applies only if the products meet the definition of cheese under Royal Decree 1113/2006 and are correctly named; otherwise, the 10% rate shall apply.
Cuestión planteada Tipo impositivo aplicable a efectos del Impuesto sobre el Valor Añadido a dichos productos.
Los productos tributarán al 4% si, según la legislación alimentaria, cumplen la definición de queso del Real Decreto 1113/2006 y se denominan conforme a dicha norma. En caso de no cumplir estos requisitos de calidad y denominación, el tipo impositivo aplicable será el 10%.
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