Is data brokering taxable in Kentucky?
Yes, since 2026-08-01. Kentucky taxes data brokering services at 6%: collecting, aggregating and analysing personal data for sale to a third party.
| Short answer | Taxable since 2026-08-01 |
|---|---|
| Effective date | Taxable from 2026-08-01 at 6%. |
| Authority | KRS 139.200(2)(ay); KRS 139.010(6); 2026 Ky. Acts ch. 161 (HB 757) |
| Last reviewed | 2026-08-22 |
Why
2026 Ky. Acts ch. 161 (HB 757) added data brokering services to the taxable list at KRS 139.200(2)(ay), effective 2026-08-01.
KRS 139.010(6) defines the service as collecting, aggregating and analysing personal data for sale to a third party, regardless of whether the charge is per use, per user, per license or by subscription. The Department of Revenue says providers must register and collect 6%.
Business vs. consumer buyers
AgentTax applies the same answer to business and consumer buyers here. Only a few states change the answer by buyer: Iowa and Washington exempt some business purchases by statute, and Maryland and Ohio split the rate or taxability by use.
Where the line is
- Processing a customer's own data and returning it to that customer lacks the personal-data and third-party-sale elements, so it is not data brokering.
- "Personal data" is not defined in Kentucky's sales tax chapter.
How AgentTax classifies data brokering
Collecting, aggregating and analysing personal data for sale to third parties. AgentTax has no separate data brokering category; such sales land in its existing categories.
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Open the calculatorFrequently asked questions
- What is data brokering for Kentucky sales tax?
- Collecting, aggregating and analysing personal data for sale to a third party, under KRS 139.010(6). It has been taxable at 6% since 2026-08-01.
Related
- All Kentucky digital tax answers
- Are information services taxable in Kentucky?
- Is data processing taxable in Kentucky?
Further reading on the AgentTax blog
Sources
- KRS 139.200(2)(ay)
- KRS 139.010(6)
- 2026 Ky. Acts ch. 161 (HB 757)
This page is for informational purposes only and is not tax, legal, or accounting advice. It reflects AgentTax's current interpretation of evolving law, which can change. Consult a qualified tax professional before making compliance decisions. Positions on this page come from the AgentTax tax policy registry (v1.24.0); see our methodology.