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V0800-22 11 April 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias patrimoniales

Gambling losses are computed globally and must be justified with legally admissible evidence

A query was made regarding how to justify losses incurred from sports betting. The Directorate General of Taxes (DGT) explains that gambling gains and losses are computed on a global basis, and that losses are only deductible if they do not exceed the gains obtained within the same tax period.

The question raised

Method of justifying the losses obtained in the referred bets.

The DGT's ruling

Gains from games of chance and luck are capital gains. Losses in gambling are only deductible if they do not exceed the gains obtained in the same tax period and do not derive from games subject to special taxation. The justification of these losses is carried out through the means of proof generally admitted in Law.

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