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V1924-19 22 July 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancias patrimoniales

Gambling losses of one spouse cannot be offset against the other's gains in joint tax returns

A taxpayer inquired whether gambling profits of one spouse could be offset against the gambling losses of the other in a joint tax return. The Directorate General of Taxes (DGT) ruled that this is not possible, as the calculation of these gains and losses must be carried out individually for each taxpayer.

The question raised

Question posed: Possibility of offsetting the results obtained by both spouses in gambling within a joint tax return.

The DGT's ruling

Gains and losses from games of chance and luck are considered capital gains and are computed on a global basis for each taxpayer. According to the rules for the individualization of income, these gains belong to the person who holds the right to obtain them or who has won them directly. Therefore, losses in gambling can only be offset against gains obtained by the same taxpayer in the same tax period.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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