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V3289-17 27 December 2017 · SG de Impuestos Especiales y de Tributos sobre el Comercio Exterior Criterion in force
OTRO · depósito fiscal

Authorisation of a hydrocarbon tax warehouse requires minimum storage capacity to maintain tax suspension status

A company has enquired whether its LNG receiving and dispatching facility can be registered as a hydrocarbon tax warehouse. The Directorate General for Taxes (DGT) has indicated that meeting the required outflow volumes is insufficient; it is also necessary to possess a storage capacity that justifies the application of the tax suspension regime.

The question raised

Possibility of registering the establishment as a hydrocarbon customs warehouse.

The DGT's ruling

To operate as a customs warehouse for liquid bulk, it is not sufficient to meet the required average outflow volumes if a minimum storage capacity is not available. The suspensive regime seeks to avoid financial costs resulting from the discrepancy between the taxable event and the release for consumption; therefore, storage is essential. It is the responsibility of the managing center to assess whether the described capacity allows for the necessary volume to be maintained under the suspensive regime for authorization purposes.

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