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A query was raised regarding the subsidiary liability of holders of non-customs warehouses following Law 11/2021. The DGT ruled that, for alcohol or hydrocarbon products, such liability cannot be applied until the register of extractors is created through subsequent regulatory development.
Cuestión planteada
La responsabilidad subsidiaria de los titulares de depósitos fiscales de productos de alcohol y bebidas derivadas o hidrocarburos no será exigible cuando la salida o abandono de bienes sea realizado por una persona o entidad autorizada que conste en el registro de extractores. Dado que la creación de dicho registro requiere un desarrollo reglamentario que aún no ha entrado en vigor, la derivación de responsabilidad no puede aplicarse hasta que se complete dicho desarrollo.
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