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

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

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

This capital gain was subject to a 19% withholding tax 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 Youth Rental Bonus, regulated by Royal Decree 42/2022, of January 18, which regulates the Youth Rental Bonus and the State Plan for access to housing 2022-2025 .

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

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

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

This is an aid called "Direct line of aid to individuals with low income and assets", which was established in article 31 of Royal Decree-Law 11/2022, of June 25, by which certain measures are adopted and extended 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), in order to alleviate the harmful effect on prices caused by the energy crisis derived from the invasion of Ukraine.

This is an aid called "Direct line of aid to individuals with low income and assets", which article 74 of Royal Decree-Law 20/2022, of December 27, on measures to respond to the economic and social consequences of the War in Ukraine and to support 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 that established in article 31 of Royal Decree-Law 11/2022.

The declaration of this aid must be made in section F1 (Capital gains and losses not derived from the transfer of assets) in box [0356].

Precision: This is a one-off payment aid, the amount of which is 200 euros, and whose beneficiaries are individuals who carry out an activity on their own or as an employee for which they were registered in the corresponding Social Security or mutual fund scheme, or were unemployed registered with the employment office, or beneficiaries or not of unemployment benefits or subsidies, provided that in 2022 they had received an 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 common-law partner registered in the registry of common-law unions of the respective Autonomous Community or City, with those persons who could give the right to apply the minimum for descendants regulated in the Law of IRPF , as well as with ascendants up to the second degree in a direct line who live in the same domicile. 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

These include the Thermal Social Bonus", an 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 used for heating, domestic hot water or cooking.

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

Precision: It is configured as a direct aid of a single payment charged to the General State Budget, 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 in the form of the Electric Social Bonus, so the beneficiaries of said aid are those who, as of December 31 of the previous year, had also been beneficiaries of the Electric Social Bonus, provided for in Law 24/2013, of December 26, of the Electric Sector.

The amount will be determined based on your level of vulnerability as defined in the regulations governing the Electric Social Bonus, as well as the climate zone in which the home in which you are registered is located.

j) Young Cultural Voucher , aid created by Law 22/2021, of December 28, on the General State Budget 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 the General State Budget for the year 2023 ( BOE of December 24).

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

The declaration of the amount used from the voucher in the acquisition of cultural products and services will be made in section F1 (Capital gains and losses not derived from the transfer of assets) of the declaration in box [0323] called "Youth Cultural Voucher" .

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

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

Therefore, only the amount charged to the Youth Cultural Voucher 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 vouchers granted by Autonomous Communities or local entities, their amount must be entered in box [0304]. Please note that these grants are implemented through the delivery of vouchers for discounts on cultural products and services.

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

The declaration of this gain must be made in section F1 (Capital 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 refund of undue income, they are subject to and not exempt from IRPF , in accordance with the criteria established by Supreme Court Judgment No. 24/2023, of January 12, issued in cassation appeal No. 2059/2020 (ROJ: STS 121/2023).

In this ruling, the Supreme Court has changed the previous criteria, establishing as doctrine that: "the late payment interest paid by the Tax Agency when making a refund 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 a sensu contrario."

The same criterion applies to late payment interest paid by other Administrations, entities or subjects other than the Tax Agency, which, like the above, must be considered capital gains to be included in the general tax base.

Therefore, following Judgment 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 stated by the Supreme Court, it has not been made evident on the occasion of the transfer of assets.