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V1125-22 19 May 2022 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias patrimoniales

Gambling losses are only deductible if they do not exceed winnings within the same period

A query was raised regarding how to justify sports betting losses in regulated venues. The DGT clarifies that gambling losses are only deductible if they do not exceed winnings from the same period and do not originate from games subject to special taxation.

The question raised

Method of justifying losses obtained in sports betting in regulated gaming halls.

The DGT's ruling

Gains from games of chance and luck are capital gains. Losses in gambling shall not be computed as such if they exceed the gains obtained in the same tax period, nor if they derive from games subject to special taxation. To justify computable losses, the means of proof admitted under Law may be used.

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