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A company has requested clarification on the VAT rate applicable to animal hygiene, care, and management products. The DGT has ruled that the reduced rate of 10% applies only if the products are pesticides for phytosanitary or livestock use and meet the suitability requirements for agricultural, forestry, or livestock activities.
Cuestión planteada Tipo impositivo aplicable.
Para aplicar el tipo del 10%, los productos deben ser plaguicidas de uso fitosanitario o ganadero o estar en las categorías del artículo 91.Uno.1.3º de la Ley 37/1992. Además, por sus características objetivas, envasado, presentación y estado de conservación, deben ser susceptibles de ser utilizados directa, habitual e idóneamente en actividades agrícolas, forestales o ganaderas. Si no se cumplen ambos requisitos, se aplicará el tipo general del 21%.
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