How the DGT's position has evolved
Current position
The reduced rate of 4% applies to the bakery products referred to in Royal Decree 308/2019, including common bread, special bread, and products made with gluten-free flour. This interpretation is derived from the Supreme Court ruling of October 15, 2024. For social assistance services, the 4% rate requires them to be services under Law 39/2006 provided through subsidized places or administrative contracts with prices fixed by the Administration.
The DGT's position has moved from focusing on the application of the 4% rate to social assistance services under price controls and reduced mobility, to a radical change regarding bakery products. Following the Supreme Court ruling of October 2024, the DGT has modified its criterion to extend the 4% rate to common and special bread products. Previously, the doctrine was limited to home help services, day centers, and certain adapted vehicles.
Turning points
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Modifies the interpretation of article 91.Two.1.1.º to apply the 4% rate to common bread, special bread, and products with gluten-free flour, with ex tunc effects.
Analysis based on 44 of 48 rulings with a stated position. Updated 23 September 2026.