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A company sought clarification on whether it was required to register in the territorial register and whether it was liable for tax due to the sale of refrigeration equipment acquired within the EU that comes pre-charged with fluorinated gases. The DGT ruled that, as the equipment is being sold rather than the gas itself, the transaction is not subject to the tax.
Cuestión planteada ¿Tenemos que solicitar la inscripción en el Registro territorial?, ¿Se nos considera contribuyentes del impuesto?
La venta de equipos frigoríficos industriales adquiridos intracomunitaria mente que vienen precargados con gases fluorados no constituye un hecho imponible del impuesto. Al comercializarse el equipo y no los gases, las operaciones no están sujetas al impuesto. En consecuencia, no es necesario solicitar la inscripción en el Registro territorial ni se tiene la consideración de contribuyente.
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