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A consultant inquired whether products composed of 25% tobacco and 75% medicinal plants are subject to the Tobacco Duties Tax. The DGT ruled that, as they contain tobacco, they are classified as cigarettes and are therefore subject to the tax.
Cuestión planteada Tributación a efectos del Impuesto sobre las Labores del Tabaco.
Los productos constituidos por tabaco y sustancias de tráfico no prohibido que no sean tabaco se consideran cigarrillos si responden a los criterios de los apartados 3 y 4 del artículo 59 de la LIE. La excepción de productos sin tabaco con función exclusivamente medicinal no aplica cuando el producto contiene tabaco. Por tanto, la fabricación e importación de estos productos está sujeta al impuesto.
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