3. That there is no legal rule that expressly exempts said gain from taxation or makes it taxable as income.
We distinguish between:
A. Assumptions of capital gains exempt from taxation
As cases of capital gains exempt from taxation, the following may be cited, among others:
Compensation as a consequence of civil liability for personal injuries in the legal or judicially recognized amount.
See this exemption from article 7.d) Law Personal Income Tax in Chapter 2 of this Manual.
Relevant literary, artistic or scientific awards, expressly declared exempt.
See this exemption from article 7.l) Law Personal Income Tax in Chapter 2 of this Manual.
Prizes from lotteries and bets organized by the State Lottery and Betting Society of the State and by the Autonomous Communities, the Red Cross and the National Organization of the Blind, as well as those organized by certain public organizations or entities established in other Member States of the European Union or the European Economic Area, whose full amount in fiscal year 2021 is equal to or less than 40,000 euros or up to said amount in the case of prizes exceeding 40,000 euros.
The prizes whose total amount exceeds 40,000 will be subject to tax with respect to the part thereof that exceeds said amount.
This exemption will apply as long as the amount of the tenth, fraction, lottery coupon or bet placed is at least 0.50 euros . If is less than 0.50 euros , the maximum exempt amount will be reduced proportionally.
In the event that the prize is shared ownership, the exempt amount will be prorated among the co-owners based on the share that corresponds to them.
Important : As of January 1, 2013, these prizes that were totally exempt become subject to IRPF through a special tax of 20 percent that will be required independently with respect to each tenth, fraction or winning lottery coupon or bet (Additional Provision thirty-third.2 of the Personal Income Tax Law ).
Compensations paid by the Public Administrations for personal injuries as a consequence of the operation of public services, when established in accordance with the procedures provided for in the Laws 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations ( BOE of October 2) and 40/2015, of October 1, of the Legal Regime of the Public Sector ( BOE of October 2).
See this exemption from article 7.q) Law Personal Income Tax in Chapter 2 of this Manual.
B. Cases of capital gains that, by express provision of the Personal Income Tax Law, are taxed as income
As assumptions of capital gains that, by express provision of the Personal Income Tax Law , are taxed as income, the following may be cited, among others:
Constitution or transfer of rights or powers of use or enjoyment of real estate, which are legally classified as income from real estate capital.
Securities or participations that represent participation in the own funds of an entity, which constitute income from movable capital.
Transmission, reimbursement, amortization, exchange or conversion of any type of assets representative of the collection and use of foreign capital, which only generate income from movable capital.
Results derived from capitalization operations and life or disability insurance contracts, which give rise to income from movable capital, unless they come from social security systems, in which case they give rise to work income.
The social security systems whose benefits constitute work income are detailed in Chapter 3 of this Manual.