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V2268-21 12 August 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Amounts received under a business management agreement are taxed as capital gains

The owner of a tobacco shop inquired whether the amount received following a management agreement with a third party, which compensated for undeclared income, constituted income from economic activity. The DGT responds that it is not income from economic activity, but rather a capital gain.

The question raised

Question posed: Treatment in Personal Income Tax of the amount paid to the inquirer, taking into account that she states it corresponds to amounts of income generated in previous fiscal years that were not correctly declared and were subject to adjustment by inspection, and which she did not actually receive.

The DGT's ruling

Private agreements do not alter the tax obligation towards the Administration. The amount agreed upon in the management agreement does not have the nature of income from economic activity, but rather constitutes a capital gain. As it does not derive from a transfer, its quantification is the agreed amount and must be attributed to the tax period in which the agreement is entered into.

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