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A fisherman has enquired whether the harvesting of anemones and sea urchins can qualify for the special VAT regime for agriculture, livestock, and fishing. The Directorate-General for Taxes (DGT) has ruled that this regime applies exclusively to freshwater fishing, fish farming, mussel farming, oyster farming, and the breeding of molluscs, crustaceans, and frogs.
Cuestión planteada Aplicación del régimen especial de la agricultura, ganadería y pesca a la pesca de anemona y erizo de mar.
El régimen especial de la agricultura, ganadería y pesca no es aplicable a la pesca marítima. Según la normativa española y la Directiva 2006/112/CE, este régimen solo contempla actividades como la pesca de agua dulce, piscicultura, mitilicultura, ostricultura, cría de moluscos, crustáceos y ranas. Por tanto, la captura de anemona y erizo de mar debe tributar por el régimen general del IVA.
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