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V1264-20 5 May 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · gravamen especial

Prize from a traders' association taxed as capital gains in Personal Income Tax

A taxpayer inquired whether a €10,000 prize won in a raffle organised by a traders' association is exempt from special taxation. The Directorate General for Taxes (DGT) responded that neither the special tax nor its exemption applies; however, the prize must be taxed under Personal Income Tax (IRPF) as a capital gain.

The question raised

Whether the prize is exempt from the special tax.

The DGT's ruling

The prize is not subject to the special tax provided for in the thirty-third additional provision of Law 35/2006 because it is not one of the draws contemplated in said regulation. Nevertheless, the prize must be taxed under Personal Income Tax (IRPF) as a capital gain, as it constitutes a variation in the value of assets linked to the sphere of customers or consumers.

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