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V1809-14 9 July 2014 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdidas patrimoniales

Gambling losses can only be offset by gains within the same tax period

A query was made regarding how to justify gambling losses to apply Personal Income Tax (IRPF) regulations. The Directorate General for Taxes (DGT) clarifies that losses exceeding the gains obtained within the same period cannot be accounted for.

The question raised

Question raised: Method of justifying gambling losses for the purposes of applying the provisions of article 33.5,d) of Law 35/2006.

The DGT's ruling

Losses due to gambling that exceed the gains obtained in the same tax period shall not be computed as capital losses. In no case shall losses from games subject to special taxation be computed. The justification of losses that do not exceed the gains shall be carried out through the means of proof generally admitted in Law.

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