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V1986-17 24 July 2017 · SG de Impuestos sobre el Consumo Criterion in force
IVA · régimen suspensivo

Excise Duty on Hydrocarbons accrues upon removal from tax warehouse and VAT is settled as a deemed import

A company acquiring hydrocarbons from a tax warehouse has requested clarification regarding the taxation of Excise Duty on Hydrocarbons (IH) and VAT. The DGT clarifies that the IH accrues when the product leaves the warehouse and that the removal of goods from a non-customs warehousing regime constitutes a deemed import for VAT purposes.

The question raised

Taxation of the acquisition operations carried out by the consultant both in the Excise Duty on certain Hydrocarbons and in the Value Added Tax.

The DGT's ruling

Excise Duty is accrued when hydrocarbons leave the customs warehouse outside of the suspensive regime, and the tax rate in force on the date of said exit must be applied. The holder of the warehouse is the taxable person obliged to charge the accrued duties. Regarding VAT, deliveries of goods under the suspensive regime are subject to tax although exempt. The exit of goods from the warehouse constitutes an operation assimilated to an import, and the acquiring owner must settle the tax using form 380.

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