Capital gains and losses that make up the general tax base

Regulations: Art. 45 Law Personal Income Tax

The capital gains and losses that do not arise from the transfer of assets are part of the general tax base and must be declared in section F1 of the declaration. 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 can 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 deposit 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 that will be declared as such in the the declaration corresponding to withholdings and other payments on account.

The total amount to be declared in the prizes in kind will be composed of the sum of the valuation of the prize received, which will be made by its market value, plus the payment on account, except that the latter would have been passed on to the taxpayer. This amount may not be reduced, where applicable, in the expenses of public deed and registration as they constitute a greater acquisition value for the purposes of a future transmission 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 contest rules.

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

c) Subsidies or aid for entering the habitual residence or for repairing structural defects in the habitual residence .

d) Public aid to holders of Spanish Historical Heritage assets registered in the General Registry of Assets of Cultural Interest .

The temporary allocation 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 following three.

e) Public aid for the first installation of young farmers provided for in the National Rural Development Framework for the acquisition of a stake in the capital of agricultural companies

These may be allocated in quarters, in the tax period in which they are obtained and in the following three.

f) Capital gains obtained by residents in 2023 as a result of forestry exploitation in public forests .

This capital gain has been subject to withholding of 19% in 2023, so the amount of the latter must be declared in the section of the declaration corresponding to withholdings and other payments on account.

g) Public rental aid

Among them is the Young Rental Bonus, regulated by Royal Decree 42/2022, of January 18, which regulates the Young Rental Bonus and the State Plan for access to housing 2022-2025 .

The declaration of these amounts received as a Young Rental Bonus will be made in section F1 (Equity gains and losses that do not derive from the transfer of assets) of the declaration in box [0303] .

Precision: The Young Rental Bonus is configured as an aid that is granted for a period of two years for an amount of 250 euros per month for young people up to and including thirty-five years of age, in order to facilitate their emancipation. This aid is expressly compatible with the rental aid of the youth aid program and to contribute to the demographic challenge, which consists of direct aid granted to young people up to and including thirty-five years of age and with limited financial means, as tenants or assignees, with the purpose of facilitating access to the enjoyment of a decent and adequate home or room under a rental or transfer in use regime.

h) Aid of 200 euros for individuals with a low level of income and assets

This is an aid called "Direct line of help for individuals with low levels of income and assets", which was established by article 31 of Royal Decree-Law 11/2022, of June 25, by which they are adopted and extended certain measures to respond to the economic and social consequences of the war in Ukraine, to address situations of social and economic vulnerability, and for the economic and social recovery of the island of La Palma ( BOE of June 26), with the purpose of alleviating the detrimental effect on prices caused by the energy crisis derived from the invasion of Ukraine.

This is an aid called "Direct line of help for individuals with low levels of income and assets", which article 74 of Royal Decree-Law 20/2022, of December 27, on measures to respond to the economic and of the War in Ukraine and support for the reconstruction of the island of La Palma and other situations of vulnerability ( BOE December 28) establishes as an extraordinary measure, in a manner analogous to how established article 31 of Royal Decree-Law 11/2022.

The declaration of this aid must be made in heading F1 (Equity gains and losses that do not derive from the transfer of assets) in box [0356].

Precision: This is a single payment aid, the amount of which amounts to 200 euros, and of which the beneficiaries are natural persons who carry out an activity on their own or as an employee for which they are registered in the corresponding Security regime. Social or mutual society, or were unemployed registered in the employment office, or beneficiaries or not of the unemployment benefit or subsidy, provided that in 2022 they had received income of less than 27,000 euros per year, and had assets of less than 75,000 euros per year.

The calculation of income and assets is carried out jointly, considering said amounts jointly with your spouse or de facto partner registered in the registry of de facto unions of the respective Community or Autonomous City, with those people who could give the right to apply the minimum for descendants regulated in the Personal Income Tax Law , as well as with ascendants up to the second degree by direct line who live at the same address. To determine these circumstances, the situation existing as of December 31, 2022 will be taken into account.

i) Other capital gains derived from public aid

Among them is the "Social Thermal Bonus", aid created by Royal Decree-Law 15/2018, of October 5, on urgent measures for the energy transition and consumer protection (BOE of October 6), aimed at alleviating energy poverty in vulnerable consumers, with regard to energy intended for heating, hot water or cooking.

The declaration of this aid must be made in section F1 (Equity gains and losses that do not derive from the transfer of assets) in box [0301] .

Precision: It is configured as direct single-payment aid charged to the General State Budgets, granted by the State through the Ministry for the Ecological Transition and the Demographic Challenge, although its management and payment correspond to the Autonomous Communities and Cities with Statute of Autonomy. 

Its purpose is to complement the aid received as a Social Electricity Bonus, so the beneficiaries of said aid are those who on December 31 of the previous year would have also been beneficiaries of the Social Electricity Bonus, provided for in Law 24/2013, of 26 of December, of the Electrical Sector.

Its amount will be determined based on its degree of vulnerability as defined in the regulations governing the Electric Social Bonus, as well as the climatic zone in which the home in which it is registered is located.

j) Youth Cultural Bonus , aid created by Law 22/2021, of December 28, on General State Budgets for the year 2022 ( BOE of December 29), and whose temporal scope of application has been extended, with indefinite validity, by the one hundred and fourth Additional Provision of Law 31/2022, of December 23, on General State Budgets for the year 2023 ( BOE of December 24).

The amount of the bonus that has been enjoyed constitutes for its beneficiaries a capital gain not subject to withholding.

The declaration of the amount used of the bonus in the acquisition of cultural products and services will be made in section F1 (Equity gains and losses that do not derive from the transfer of assets) of the declaration in box [0323] called "Young Cultural Bonus" .

Precision: This is aid of up to 400 euros per beneficiary that must be used for the acquisition of cultural products and services offered by the entities that join the program. Its beneficiaries are those young people who have turned 18 during the year 2023 and meet the requirements established in article 5 of Royal Decree 191/2023, of March 21, which establishes the regulatory rules for the Young Cultural Bonus.

It is granted only once to each beneficiary and they must use it within a maximum period of one year from its granting. The total amount granted will be paid in a single payment, in virtual prepaid card or physical card format. After this period, the Youth Cultural Bonus will be automatically deactivated, and the collaborating entity will return any amounts not used.

Therefore, only the amount charged to the Young Cultural Bonus that has been used during the period for which it is granted (1 year) in the acquisition of cultural products and services is considered capital gain.

Remember: In the case of cultural bonuses granted by Autonomous Communities or local entities, their amount must be entered in box [0304]. Keep in mind that this aid is implemented through the delivery of vouchers for discounts on cultural products and services.

k) Other capital gains attributable to 2023, such as, for example, late payment interest

The declaration of this gain must be made in section F1 (Equity gains and losses that do not derive from the transfer of assets), in box [0304] within the section corresponding to "Other capital gains and/or losses attributable to 2023", and will correspond to the amount received for this concept.

Precision: Regarding the late payment interest paid to the taxpayer by the Tax Agency when making a return of undue income, they are subject to and not exempt from Personal Income Tax , in accordance with the criteria established by Supreme Court Ruling No. . 24/2023, of January 12, relapsed in cassation appeal no. 2059/2020 (RED: STS 121/2023).

The Supreme Court in said ruling has changed the previous criterion, establishing as doctrine that: "the late payment interest paid by the Tax Agency when making a return of undue income is subject to and not exempt from Personal Income Tax , constituting a capital gain that constitutes general income , in accordance with the provisions of article 46.b) of the Personal Income Tax Law, interpreted sensu contrari".

The same criterion is applicable to late payment interest paid by other Administrations, entities or subjects other than the Tax Agency which, like the previous ones, must be considered capital gain to be integrated into the general tax base.

Therefore, after Sentence no. 24/2023, of January 12, 2023, compensatory interest (in general) is classified as capital gain to be included in the general tax base, since, as the Supreme Court states, it has not been revealed at the time of the transfer. of heritage elements.