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A company has requested a ruling on whether its hemp products (THC < 0.2%) are subject to the Tobacco Manufacturing Tax. The Directorate-General for Taxes (DGT) has ruled that if these are non-prohibited substances, they are subject to the tax unless an exclusively medicinal function can be justified.
Cuestión planteada Exención del pago de Impuestos Especiales en caso de acreditar la función meramente medicinal de los productos.
Los productos constituidos exclusiva o parcialmente por sustancias de tráfico no prohibido que no sean tabaco se consideran cigarrillos o tabaco para fumar si cumplen los criterios de los apartados 3 y 4 del artículo 59 de la LIE. Sin embargo, estos productos no formarán parte del ámbito objetivo del impuesto si se justifica que tienen una función exclusivamente medicinal.
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