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A union of cooperatives requested clarification on the VAT rate applicable to the acquisition of seeds, plants, and technology transfer royalties. The DGT has ruled that seeds and plants for reproduction are subject to the 10% rate, whereas royalties are subject to 10% only if provided to agricultural holdings and are necessary for their development.
Cuestión planteada Tipo impositivo aplicable a las operaciones citadas.
Las entregas de semillas, plantas o partes de plantas susceptibles de reproducción tributan al 10% independientemente del adquirente. Los servicios de transferencia de tecnología (royalties) tributan al 10% si se realizan en favor de titulares de explotaciones agrícolas, forestales o ganaderas y son necesarios para su desarrollo. En caso contrario, o si el destinatario no es titular de dicha explotación, los royalties tributan al tipo general del 21%.
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