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V2990-23 14 November 2023 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IVA · cesión de derechos de imagen

The assignment of image rights of a minor athlete through sponsorship may be subject to VAT and Personal Income Tax

A query is made regarding the taxation of a company that sponsors a minor athlete to cover her expenses. The DGT responds that the assignment of image rights is subject to VAT and may be considered income from professional activities or a capital gain for Personal Income Tax purposes.

The question raised

Question raised: Taxation under VAT and Personal Income Tax.

The DGT's ruling

The assignment of image rights in exchange for consideration is subject to VAT, and the athlete must charge 21% via invoice. For Personal Income Tax, if there is an organization of production means, the income constitutes income from professional activities. If the requirements for an economic activity are not met and it is not an employment relationship, the sponsorship is classified as a capital gain.

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