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V0320-21 23 February 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias patrimoniales

Registration and re-buy costs for poker tournament prizes may be deductible

A taxpayer inquired whether buy-in and re-buy payments in poker tournaments can be deducted from prizes or treated as losses. The DGT ruled that these amounts must be included in the calculation to determine the actual gain or loss.

The question raised

Determination of the capital gains that could be obtained through participation in said tournaments.

The DGT's ruling

The capital gain from a prize is determined by the positive difference between the amount of the prize and the amount played directly related to its attainment, including the buy-in and re-buys. In the event of not obtaining a prize, the amounts paid for participation and the purchase of new chips are considered amounts at risk and, therefore, computable losses in the global calculation of gambling for the tax period.

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