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V1981-23 7 July 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · cesión de derechos de imagen

The assignment of image rights is subject to a 24% withholding tax regardless of its tax classification

A query is made regarding the withholding tax applicable to income from the assignment of image rights by persons with an employment relationship for advertisements. The DGT clarifies that performing in a film shoot constitutes income from employment, but the assignment of image rights may constitute economic activity or income from movable capital, always applying a 24% withholding tax.

The question raised

Question posed: Withholding tax applicable to income corresponding to the assignment of image rights by persons participating in advertisements through an express employment relationship for the production of the spot.

The DGT's ruling

Income from performing in audiovisual advertising productions is classified as income from employment. Income from the assignment of image rights may constitute income from economic activities or income from movable capital, depending on whether the assignment occurs within the scope of an economic activity. In any case, the withholding tax applicable to the assignment of image rights is 24%.

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