The Spanish Tax on Electronic Cigarettes “Vapers”

In January 1, 2025, Law 7/2024 introduces a new Special Tax on Electronic Cigarettes in Spain. This implies a significant milestone in the taxation of next-generation products and will likely result in a substantial increase in their prices.

Effective Date

The new tax comes into effect on abril 1, 2025, leaving companies with minimal time to adapt. Clients who were informed in 2024 are already preparing their systems and exploring strategies to mitigate the financial impact of this new tax.

What is the Special Tax on Electronic Cigarettes?

Law 7/2024 establishes this tax to target liquids used for consuming nicotine or similar substances through vaporizers or electronic cigarettes. The measure aligns with public health policies and European fiscal harmonization standards.

Products affected by the “Vaping Tax”

The tax applies to:

• Liquids for electronic cigarettes: This includes all liquids, whether containing nicotine or not—that can be used in electronic cigarettes or vapes.
• Nicotine pouches: These products are distinct from those covered by the Tobacco Products Tax.

Taxable events

The tax on electronic cigarette liquids arises in the following cases:

1. Manufacturing of liquids for electronic cigarettes within Spain.
2. Importation of products containing these liquids from outside the European Union.
3. Introduction of affected products into Spain from other EU Member States.
4. Irregular entry of such products into Spanish territory.

Tax base and rates for the Special Tax on Electronic Cigarette Liquids

The tax base depends on:

• Liquids: Measured in milliliters.
• Nicotine pouches: Measured in grams.

The applicable rate can reach €0.20 per milliliter, depending on the nicotine content and product type.

Taxpayers

The following entities are considered taxpayers for this tax:

• Manufacturers: Companies producing electronic devices or liquids in Spain.
• Importers: Entities bringing taxable products from outside the EU.
• Intra-Community Acquirers: Businesses or individuals receiving products from another EU Member State.

Formal Obligations

1. Compliance during Q2 2025: All entities possessing or storing products subject to this tax must meet formal and material obligations during the second quarter of 2025. Tax compliance for these goods must be regularized within this period.We recommend contacting VAT & GREEN TAX to assess your specific case.
2. Taxpayer Registration: Taxpayers must register in the Special Tax Register and obtain a unique identification code by January 2025.
3. Periodic Declarations: Tax settlements will be carried out through monthly or quarterly self-assessments (Form 573), depending on the taxpayer’s transaction volume.
4. Mandatory Documentation: Detailed record-keeping is essential, including:
   • Invoices with a clear breakdown of the tax.
   • Product movement logs.
   • Delivery notes and transportation guides.

Penalties for Non-Compliance

Law 7/2024 imposes severe penalties for failing to meet formal obligations, including fines proportional to undeclared amounts.

Effective Date

The new tax comes into effect on January 1, 2025, leaving companies with minimal time to adapt. Clients who were informed in 2024 are already preparing their systems and exploring strategies to mitigate the financial impact of this new tax.

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