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V2183-20 ·29 June 2020 ·consulta-vinculante Medium impact
Tax

Compensation for personal data transfers treated as capital gains for Income Tax purposes

A company has requested clarification on the taxation of payments made to users who transfer their personal data for statistical purposes. The Directorate General for Taxes (DGT) has ruled that, provided there is no employment or professional relationship, these payments are classified as capital gains.

In 6 key points

How it affects those involved

This ruling clarifies the tax treatment for companies acquiring data from individuals, establishing that such payments fall under capital gains rather than income from work or professional activities, provided specific criteria are met.

Lifecycle

2020-06-29PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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