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A company has requested clarification on the VAT rate applicable to a medical device used for lung cleansing via inhalation. The DGT has ruled that the reduced rate of 10% applies if the product falls under category 30 of the Combined Nomenclature and meets other specific requirements; otherwise, the standard rate of 21% shall apply.
Cuestión planteada Tipo impositivo aplicable del Impuesto sobre el Valor Añadido.
Para aplicar el tipo reducido del 10% según el art. 91.Uno.1.6.ºa), el producto debe estar en el Capítulo 30 de la Nomenclatura Combinada, no ser un medicamento, no estar exento y ser susceptible de uso directo por el consumidor final. Si no cumple estos requisitos, se aplicará el tipo general del 21% al no figurar el producto en la lista de equipos médicos del apartado octavo del Anexo.
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