Capital gains and losses that make up the general tax base

Regulations: Art. 45 Law Income Tax

Capital gains and losses that do not arise from the transfer of assets part of the general tax base and must be declared in section F1 of the return. The following may be cited as examples:

a) Prizes obtained by participating in games, contests, raffles or random combinations .

You must distinguish between:

1. Prizes obtained by participating in games, raffles or random combinations without advertising purposes , in which losses may be compensated up to the limit of the profits obtained.
2. Prizes obtained by participating in games, raffles or random combinations for advertising purposes , in which losses cannot be compensated.

In both cases the prizes can be in cash or in kind; The former are subject to withholding and the latter to payment on account.

The declaration of the cash prizes subject to withholding will be made in section F1 of the declaration for the total amount of the prize, without deducting the withholding incurred which will be declared as such in the section of the declaration corresponding to withholdings and other payments on account.

The total amount to be declared for prizes in kind will be composed of the sum of the valuation of the prize received, which will be carried out at its market value, plus the payment on account, unless the latter has been passed on to the taxpayer. This amount may not be reduced, where applicable, by the costs of public deed and registration, as these constitute a higher acquisition value for the purposes of a future transfer of the prize received.

In any case, the capital gain derived from the prize will be attributed to the tax period in which it is payable in accordance with the rules of the competition.

b) Subsidies for the acquisition of officially protected or fixed-price housing .

c) Subsidies or aid intended for the down payment on the habitual residence or for the repair of structural defects in the habitual residence .

d) Public aid to owners of assets of the Spanish Historical Heritage registered in the General Registry of assets of cultural interest .

The temporary imputation of the subsidies or aid mentioned above may be carried out in quarters in the tax period in which they are obtained and in the three following periods.

e) Capital gains obtained by residents in 2020 as a result of forestry exploitation in public forests .

This capital gain was subject to a 19% withholding tax in 2020, so the amount of the latter must be declared in the section of the declaration corresponding to withholdings and other payments on account.

f) Amounts received as basic income for emancipation of young people established by Royal Decree , of November 2.

The declaration of these amounts received as basic emancipation income will be made in section F1 (Capital gains and losses not derived from the transfer of assets) of the declaration in box [0303] to differentiate them from other capital gains and/or losses.

Accuracy : Please note that the first repealing provision of Royal Decree-Law 20/2011, of 30 December, on urgent budgetary, tax and financial measures for correcting the public deficit ( BOE of 31) repealed, with effect from 1 January 2012, Royal Decree 1472/2007, of 2 November, which regulates the basic income for emancipation of young people, except for beneficiaries who already had the right to the basic income for emancipation recognized and exceptionally for those who had requested it as of 31 December 2011 and obtained its recognition.