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A company inquired whether its surgical cloths or sheets used for covering patients could qualify for the reduced 10% VAT rate. The DGT ruled that they must be taxed at the general rate of 21% because they do not meet the requirement of being suitable for direct use by the end consumer.
Cuestión planteada Tipo impositivo aplicable.
Para aplicar el tipo del 10% a productos farmacéuticos de la Nomenclatura Combinada (Capítulo 30), deben ser susceptibles de uso directo por el consumidor final, independientemente de quién los adquiera. Los paños o sábanas quirúrgicas para cubrir al paciente no cumplen este requisito de uso directo. En conjuntos o packs, el tipo del 10% solo se aplica al total si los demás productos son accesorios del principal; si no son accesorios, cada uno tributa por separado.
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