Law 16\/2012, of December 27, which adopts various tax measures aimed at consolidating public finances and promoting economic activity, subjects to taxation, through a special tax, among others, prizes paid corresponding to lotteries and bets organized by the State Lottery and Betting Society (SELAE).<\/p>\n
The aforementioned rule establishes that the recipients of these prizes, whatever their nature, at the time of collection, will bear a withholding or deposit on account that must be made by the agency paying the prize, that is, the SELAE.<\/p>\n
It will be required independently for each winning lottery ticket, fraction or coupon or bet.<\/p>\n
Prizes with a total value of 40,000 euros or less will be exempt from tax. Prizes with a total value of more than 40,000 euros will only be taxed on the portion of the prize that exceeds this amount.<\/p>\n
The base of the withholding of the special tax will be formed by the amount of the prize that exceeds the exempt amount. The withholding or deposit percentage on account will be 20 percent.<\/p>\n
Thus, for example, a prize of \u20ac100,000 would be taxed in 20% on \u20ac60,000 (100,000 \u2013 \u20ac40,000), so a withholding of \u20ac12,000 would be made and \u20ac88,000 would be received.<\/p>\n
SELAE must proceed to identify the winners of the prizes subject to tax, that is, those that are greater than \u20ac40,000 per ticket, regardless of whether the prize was won by one person alone or jointly by several people or entities.
In the case of shared prizes (group of friends or relatives, clubs, brotherhoods, etc.), in which the prize is distributed among all participants, the \u20ac40,000 that are exempt must be distributed among all beneficiaries in proportion to their percentage of participation, and whoever distributes the prize and who appears as the sole beneficiary (or as the collection manager) for having stated so at the time of collection of the prize, must be able to prove to the Tax Administration that the prize has been distributed to the holders of shares, therefore it is necessary to identify each winner as well as their percentage of participation.<\/p>\n
Income tax taxpayers or non-resident taxpayers without a permanent establishment who are successful and have borne the withholding at the time of payment of the prize will not have to submit any other self-assessment.<\/p>\n
Additionally, non-resident taxpayers without a permanent establishment who are eligible and have borne the withholding at the time of payment of the prize may request the refund that may correspond to them by application of an agreement to avoid international double taxation.<\/p>\n
Corporate Tax taxpayers who obtain a prize subject to the special tax must include, as they did before January 1, 2013, the amount of the prize between the income of the period subject to the tax and the withholding\/payment on account of the 20% supported like another payment on account.<\/p>\n[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]","protected":false},"excerpt":{"rendered":"
Law 16\/2012, of December 27, which adopts various tax measures aimed at consolidating public finances and promoting economic activity, subjects to taxation, through a special levy, among others, the prizes paid for lotteries and bets organized by the State Company [\u2026]<\/p>","protected":false},"author":2,"featured_media":120419,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-120418","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias"],"_links":{"self":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120418","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/comments?post=120418"}],"version-history":[{"count":4,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120418\/revisions"}],"predecessor-version":[{"id":120424,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120418\/revisions\/120424"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media\/120419"}],"wp:attachment":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media?parent=120418"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/categories?post=120418"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/tags?post=120418"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}