How the DGT's position has evolved
Current position
The objective scope of the tax includes any non-reusable packaging used to contain, protect, handle, distribute, or present goods pursuant to Article 68.1.a) of Law 7/2022. Elements that form an integral part of the product and are removed together with it are excluded. The concept of packaging is objective in nature, regardless of the specific use given to it during manufacturing or the process.
The DGT's position has focused on delimiting the boundary between packaging and an integral part of the product following the entry into force of Law 7/2022. It has moved from analyzing the nature of specific components to establishing that the concept of packaging is objective. The doctrine confirms that if the element is designed to contain or present the goods, it is taxable, unless it is removed together with the product.
Turning points
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Establishes that components are not within the scope of the tax if they are an integral part of the product and are removed together with it.
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Defines that the concept of packaging is objective in nature according to Law 7/2022, regardless of the specific use given to the element.
Analysis based on 207 of 216 rulings with a stated position. Updated 21 September 2026.