How the DGT's position has evolved
Current position
Packaging is defined by its objective function to contain, protect, handle, distribute, or present goods, regardless of the final use to which it is put. Articles that form an integral part of a product and are discarded together with it are not considered packaging. For packaging to be considered reusable and not subject to the tax, it must be designed for multiple rotations and be proven through technical certification.
The DGT maintains an objective interpretation of the concept of packaging, focused on its function and not on the subsequent use by the acquirer. Throughout the rulings, the inclusion of accessory elements such as seals, adhesives, and processing films has been specified. The position remains constant in distinguishing between autonomous packaging and those that are an integral part of the product.
Turning points
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Establishes the distinction between packaging and articles that form an integral part of a product, such as coffee capsules that are discarded together with the contents.
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Determines that the use the acquirer makes of bags, such as using them as trash bags, is irrelevant for their inclusion in the tax.
Analysis based on 173 of 178 rulings with a stated position. Updated 21 September 2026.