Skip to content
Back to index
V3416-20 24 November 2020 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · pérdidas patrimoniales

Gambling losses cannot exceed winnings obtained within the same period

A query was raised regarding whether losses from non-winning sports bets can be offset against winnings within the same tax year. The DGT has ruled that gambling losses cannot exceed the total winnings obtained during the same tax period.

The question raised

For the purposes of applying the provisions of Article 33.5.d) of Law 35/2006, inquiry is made regarding the possibility of computing losses from formalized and non-winning sports bets in the tax period in which a prize is obtained.

The DGT's ruling

Losses in gambling shall not be computed as capital losses if they exceed the gains obtained from gambling in the same period. Furthermore, losses derived from games subject to special taxation shall not be computed under any circumstances. The computation of gains and losses is carried out on a global basis for the taxpayer within the same tax period.

Book your free first meeting