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A taxpayer inquired about the tax treatment of products received for testing and reviewing on a marketplace. The DGT ruled that if the participation is circumstantial and non-professional, the products are considered benefits in kind and their value constitutes a capital gain.
Cuestión planteada Tributación en el IRPF.
Si la colaboración es circunstancial y no deriva de una relación laboral ni del ejercicio profesional o empresarial de una actividad, la compensación recibida se califica como ganancia patrimonial según el artículo 33.1 de la Ley 35/2006. Los productos recibidos para reseña se consideran rentas en especie valorables según los artículos 42.1, 43 y 34 de la misma ley.
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