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A query was raised regarding whether the special agriculture, livestock and fisheries regime could be applied to the production of timber and resin from leased pine forests. The DGT ruled that a landowner who grants exploitation rights may benefit from this regime provided they meet the requirements, even if the resin is extracted by the lessee.
Cuestión planteada Posibilidad de aplicar el régimen especial de la agricultura, ganadería y pesca a su actividad de obtención de resina.
El propietario del monte que ceda el aprovechamiento de productos forestales, como la resina, puede aplicar el régimen especial de la agricultura, ganadería y pesca si cumple los requisitos legales. Este régimen es aplicable independientemente de que el adquirente proceda a la extracción de la resina. No obstante, el resinero que extrae y vende la resina tributará por el régimen general con un tipo del 21 por ciento.
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