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V1775-18 19 June 2018 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias patrimoniales

No tax liability for non-monetary prizes if renounced due to failure to meet conditions

An online poker player won a cash prize and a VIP pass subject to attendance conditions. A query was raised regarding whether the value of the pass should be declared if the player was unable to attend.

The question raised

Inclusion of the prize corresponding to the "pass" in the 2018 Personal Income Tax return in the event of waiver.

The DGT's ruling

Online poker prizes are taxed as capital gains as they imply a variation in assets. However, if the prize in kind is subject to the fulfillment of conditions which, if not met, result in the loss thereof, the taxable event does not occur due to the failure to obtain income.

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