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A household products company has requested a ruling on whether its plastic packaging is subject to the special tax on non-reusable plastic packaging. The DGT has determined that if the packaging is discarded separately from the product, it is taxable; however, if it is an integral part of the product and they are discarded together, it is not.
Cuestión planteada La consultante desea saber si determinados productos de los que comercializa forman parte del ámbito objetivo del Impuesto especial sobre los envases de plástico no reutilizables.
Los productos son envases sujetos al impuesto si son recipientes diseñados para contener, proteger, manipular, distribuir o presentar mercancías y su desecho es independiente del contenido. No se consideran envases los artículos que forman parte integrante de un producto, son necesarios para contenerlo o preservarlo durante su vida útil y todos sus elementos se usan, consumen o eliminan conjuntamente.
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