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A taxpayer queried the VAT rate applicable to the sale of ornamental plants, with or without flowers. The DGT ruled that while live plants and flowers benefit from a reduced rate, ornamental greenery (such as cut branches, leaves, or stems) are subject to the standard rate.
Cuestión planteada Tipo impositivo aplicable.
El tipo del 10% se aplica a flores, plantas vivas de carácter ornamental y productos vegetales para su obtención. Los verdes ornamentales, como ramas, hojas y tallos cortados, tributan al 21% por no ser plantas vivas. No obstante, si el elemento vegetal es susceptible de continuar su crecimiento y reproducción, se aplicará el tipo del 10%.
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