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The taxpayer inquired whether their viscoelastic solutions for eye surgery could qualify for the reduced 10% VAT rate. The DGT ruled that they must be taxed at 21% as they do not meet the requirements for pharmaceutical products under Chapter 30 or for surgical implants.
Cuestión planteada Tipo impositivo aplicable a los productos consultados.
El producto no aplica el tipo del 10% por dos motivos. Primero, no es un producto farmacéutico del capítulo 30 de la Nomenclatura Combinada, al estar clasificado en la partida 38.24. Segundo, no se considera un implante quirúrgico porque no permanece en el cuerpo tras la intervención, ya que se recomienda su remoción por irrigación o aspiración.
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