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A taxpayer queried the applicable VAT rate for certain medical devices. The DGT ruled that abdominal immobilisers, limb immobilisers, and elbow-heel protectors are subject to the 21% rate, as they do not meet the requirements for the reduced rate.
Cuestión planteada Tipo impositivo del Impuesto sobre el Valor Añadido aplicable a los productos descritos.
Los productos que tributan al 10% deben ser equipos médicos o instrumental diseñados para aliviar o tratar deficiencias, para uso personal y exclusivo de personas con deficiencias físicas, mentales, intelectuales o sensoriales. Los inmovilizadores de abdomen, de extremidades y los protectores de codo-talón no cumplen estos requisitos del art. 91.Uno.1.6.º c) de la Ley 37/1992 y, por tanto, tributan al tipo general del 21%.
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