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V0548-16 10 February 2016 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Money found and awarded after two years constitutes a capital gain for Income Tax purposes

An individual asks whether they must pay tax on money they found which, after the owner failed to appear, was awarded to them. The DGT rules that such an award generates a capital gain.

The question raised

Given the possibility that the owner does not appear and the found money is awarded to the applicant, she inquires about its taxation under Personal Income Tax (IRPF).

The DGT's ruling

If, after two years, the found money is awarded to the finder, a capital gain occurs due to the incorporation of money into the assets. As it is not a transfer, the gain is quantified by the amount received. This gain shall form part of the general income.

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