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Law in Spain

Law in Spain is a dedicated Blog to advise British Expats living in Spain about their legal issues through the expertise of Abad Abogados lawyers. The main purpose of this blog is helping Expats to find useful and updated legal tips to deal with Spanish Bureaucracy.

Christmas Lottery - Year 2014: 8 tax advices to collect earned money with lottery tickets ("décimos")
23 December 2014 @ 14:13

Luck has become Región de Murcia in one of the luckiest Communities in Spain due to the Christmas National Lottery 2014. But, are you aware of the tax implications to earn money with lottery tickets?

We have asked to the expert in tax law Mr. Isaac Abad, a lawyer and economist representing the Law Firm Abad Abogados, which are his recommendations regarding the collection of earned money in lottery tickets in Christmas Lottery 2014.

 

It is interesting to earn the money before the New Tax Law comes into force?

This is one of the most worrying issues for those who has earned money with the lottery.

To be honest, it is indifferent, due to the fact that it is a right of collection, so it must be consigned in the Patrimony tax of 2014 from the day you earn that money. The income from liquid capital, which have been got these days, will pay tributes a little bit higher, reason why it is better to contract products whose interest deployment takes place in the year 2015.

 

Which is the taxation of these prizes?

In December 2013, the awarded lottery tickets, were for the first time taxable, and for 2014, continues the same. Nevertheless, this only affects to those amounts over 2.500€. If the amount is under 2500€ the gain will be tax exempted.

From that amount, lottery prizes tribute 20%, which means that those who have been lucky, receive directly 80% of the amount of the prize, due to the fact that the National Lottery is obliged to retain 20% and deposit it in the Tax Agency.

 

What happens when the décimo is shared between different people?

When the awarded lottery ticket has been bought and shared between various people, the exemption limit of 2500€ is applied to those who bet, and moreover for every prize. It means, that if a lucky person has several lottery tickets, the exempt limit applies to each of them. It is advisable, therefore, that the prize is received by every lucky person individually, because if one person gets all and after give it to the others, it would be additionally subject to the Donation Tax.

 

And if the owner of the décimo is a Company?

In this case, the exempt minimum is not applied and the prize must be added to the taxable base of the Companies Tax. Due to the fact that décimos are to the bearers, it would be advisable that before you get the money, you contact a tax specialist to study the special circumstances regarding the case.

 

Which is the deadline to collect the awarded lottery tickets?

There are 3 months, from the following day after the Christmas Lottery.

 

Where can you get the money?

For prizes under 2500€ in the own Lottery Administrations. For prizes over 2500€ you should go to the official financial entities.

 

And if I have a participation, where should I collect the money?

The payment of the participations in décimos must be done at the emitting entity, you cannot go neither to the Lottery Administrations nor to financial entities.

 

What is your advice to those who have earned money with lottery tickets?

I certainly recommend them to contact with experts in tax law, due to the fact that taking the right decisions in tax planning will mean an important saving. In our case, we have one office in Mazarrón, where we will be happy to attend to all those who need support.

 

Further information about tax in Spain at: www.abadabogados.com



Like 1




4 Comments


Lucky me said:
27 December 2014 @ 12:20

Do you need to be a spanish resident and located in spain to participate and claim prizes on the national lottery,euromillones and others?


One eyed Jack said:
03 January 2015 @ 00:52

Buying the ticket is no problem.....

Claiming the big prize as a non resident...????....


AbadAbogados said:
04 January 2015 @ 11:55

Hi Lucky and one eyed Jack!

You don´t need to be spanish resident or located in Spain to claim prizes on national lotery nor in any other oficial lottery in Spain. The difference would be the taxes to be paid if you are non resident depending of your Country of origin, etc. (Not a big problem if you win a Price!)

So GOOD LUCK to all !!!!!


JEAN said:
24 January 2015 @ 12:05

Does this also apply to the eurolotería and, if not what are the rules there for a win in Spain?


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