How the DGT's position has evolved
Current position
The exemption under art. 89.f) of Law 7/2022 applies to the delivery for landfill or incineration of waste resulting from treatment operations, provided they are not municipal waste rejects and originate from recovery facilities that do not perform intermediate treatment operations. Operations R03, R04, R05, and R11 are considered recovery and allow for the exemption. Conversely, operation R12 is expressly defined as intermediate treatment, which excludes the tax benefit.
The DGT's position remains constant throughout the sequence. No doctrinal changes are observed, but rather the systematic application of the requirements of Law 7/2022 to distinguish between recovery operations and intermediate treatment operations. Administrative jurisprudence is consistent in excluding operation R12 and municipal waste rejects.
Turning points
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Defines operation R12 as intermediate treatment, expressly excluding its landfill disposal from the tax exemption.
Analysis based on 11 of 11 rulings with a stated position. Updated 27 September 2026.