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A company has requested clarification on the VAT rate applicable to curd used in cheese production. The DGT has ruled that if the product meets the definition of cheese under Royal Decree 1113/2006, it is taxed at 4%, whereas if it is defined and named as curd, the 10% rate applies.
Cuestión planteada Tipo impositivo aplicable.
La cuajada tributará al 4% si, conforme a la legislación alimentaria, se corresponde con la definición de queso del Real Decreto 1113/2006 y es denominada como tal. En caso contrario, si el producto es la cuajada definida por el Real Decreto 1070/2007, el tipo aplicable será el 10%. La cuajada no puede considerarse uno de los tipos de leche que tributan al 4% según el artículo 91.2.1.1º c) de la Ley del IVA.
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