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A manufacturer of plastic packaging components has queried whether their crates, designed for reuse by simply replacing the air freshener container, are subject to the tax. The Directorate-General for Taxes (DGT) has ruled that if they are proven to be reusable, they fall outside the scope of the tax.
Cuestión planteada Si las piezas descritas forman parte del ámbito objetivo del impuesto.
Para que un producto esté en el ámbito del impuesto debe ser un envase no reutilizable que contenga plástico. La canastilla descrita cumple la definición de envase, pero si la consultante acredita que está diseñada para realizar múltiples rotaciones o ser rellenada, no será considerada no reutilizable. Dicha condición de reutilizable puede probarse mediante cualquier medio admisible, como un certificado UNE-EN 13429:2005.
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