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A query was raised regarding the classification of income derived from the licensing of a utility model and a trademark. The DGT ruled that the classification depends on whether the owner is the original author or has acquired the rights from a third party.
Cuestión planteada Calificación de los rendimientos obtenidos por la cesión.
Si los rendimientos por la cesión de la explotación de un modelo de utilidad o marca son de la autoría del propietario, se consideran rendimientos de actividades profesionales. Si el propietario no es el autor y ha adquirido la propiedad de forma onerosa o lucrativa, los ingresos se califican como rendimientos del capital mobiliario.
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