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V3266-15 23 October 2015 · SG de Impuestos Especiales y de Tributos sobre el Comercio Exterior Criterion in force
OTRO · impuesto sobre hidrocarburos

Synthetic methanol and palm fatty acids ineligible for excise duty suspension regime

A biodiesel company has requested clarification on whether synthetic methanol and distilled palm fatty acids can benefit from the excise duty suspension regime as raw materials. The Directorate-General for Taxes (DGT) has ruled that they cannot, as these products are not subject to the Hydrocarbons Tax.

The question raised

Possibility of the aforementioned distilled palm fatty acids and synthetic methanol being considered products subject to the Hydrocarbons Tax and thus being received under the suspensive regime of Excise Duties.

The DGT's ruling

Synthetic methanol and distilled palm fatty acids are not included in the material scope of the Hydrocarbons Tax. As they are not products subject to said tax, they cannot circulate under the suspensive regime of Excise Duties nor benefit from the VAT exemption linked to the non-customs warehousing regime. However, they may be linked to the non-customs warehousing regime under letter b) of the Fifth rule of the Annex to the VAT Law, without this implying a suspensive regime of excise duties.

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