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A consultation was raised regarding the classification of payments received by teaching and research staff through profit-sharing from the exploitation of university patents. The Directorate General for Taxes (DGT) ruled that these do not constitute income from movable capital, but rather employment income or income from economic activities.
Cuestión planteada Calificación de las cantidades percibidas por dicho motivo en el Impuesto sobre la Renta de las Personas Físicas.
Las cantidades percibidas por investigadores por la explotación de patentes no son rendimientos del capital mobiliario al no ser titulares de la propiedad industrial. Se consideran rendimientos del trabajo si existe una relación laboral, o rendimientos de la actividad económica si el investigador presta servicios de forma independiente. La retención dependerá de la naturaleza de dichos rendimientos.
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