Friday, April 12

The Treasury will enter a maximum of 19.5 million with the prizes of the Children’s Draw


The Tax Agency will enter up to 19.5 million euros of prizes that will be distributed in the Draw of the Child, which is held on January 6 and provided that all the tenths of the first and second prizes are sold, which are those that are taxed, according to the calculations of the Technicians collective of the Ministry of Finance (Gestha).

In a statement, Gestha recalls that, in total, this draw will distribute 700 million euros in prizes, according to the data provided by the Sociedad Estatal de Loterías y Apuestas del Estado (SELAE), which it only taxes the first two prizes of 200,000 and 75,000 euros per tenth, respectively. In this way, the lucky ones with the third prize will receive the full 25,000 euros.

Likewise, Gestha points out that the winners who share a prize greater than 40,000 euros will have to pay the Treasury the part corresponding to their participation, even if this is less than that figure, since the tax is required on the amount that exceeds 40,000 euros of the tenth winner, being indifferent as long as it is participated.

However, remember that the prizes of the Lottery of the Child 2022 they have no impact on the income tax of the winners, who only add in their return the returns generated by the money obtained, such as bank interest. They are not even affected to request scholarships, assistance benefits or other public aid that depend on income and not on assets, since the amount of the award is not included in the income tax base, although Yes, it must be included in the Wealth Tax if it reaches the regional minimum to present it.

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For this reason, the Treasury technicians once again ask the Government to replace the minimum exempt from Lottery, ONCE and Red Cross prizes to the first 2,500 euros, limit in force between 2013 and July 4, 2018, since they do not see any justification for not paying a gambling win of 40,000 euros, but unemployment benefit or a subsidy of 1,000 euros does.

On the other hand, Gestha also indicates that this year, for the first time, the “suspicious awards” will be investigated, in accordance with the new tax fraud prevention law, which allows the Tax Agency to “immediately know” the prizes paid with or without withholding, identify the winner, the dates of the draw or bet and the payment of the prize, among other information relevant.

Specifically, a legal provision has been established for the State Loterías y Apuestas del Estado and the ONCE to report monthly to the AEAT of the prizes paid and identify the recipient and their legal representative, the date of celebration of the draw or bet, the date of payment of the prize and the form of payment.

According to the Treasury technicians, the impact of this dissuasive measure has been “very important”, since until October of this year legal entities would have won 3.8 million in Lottery prizes of more than 40,000 euros each, a figure very far from the 340 million achieved with grand prizes in the same period of 2020.

Thus, Gestha alerts that foundations, associations and non-profit entities accumulate 98.2% of the 714 million in prizes obtained by legal persons since 2017.

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Therefore, the technicians continue to complain to the AEAT that allows them to open tax and money laundering investigations to legal entities, as well as to people who won great prizes in different draws, before it prescribes the possibility of investigating the fraud that could have been committed.


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