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A company has requested clarification on the VAT rate applicable to cannabis seeds packaged for collectors. The DGT has ruled that the reduced rate of 10% applies only if they can be legally classified as 'seeds' and meet the requirements for agricultural use or the production of live plants.
Cuestión planteada Tipo impositivo aplicable a efectos del Impuesto sobre el Valor Añadido
Las entregas de semillas de cannabis tributarán al 10% si pueden denominarse legalmente como 'semilla' y cumplen los requisitos de ser susceptibles de uso en actividades agrícolas, forestales o ganaderas, o de ser utilizadas para la obtención de flores o plantas vivas. Si no se cumplen estos requisitos, se aplicará el tipo general del 21%.
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