2023-12-21 11:25:54
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The extraordinary Christmas Lottery draw distributes 2,590 million euros in prizes, 70 million more than last year when a larger issue of tenths was put into circulation. However, the amount of the prizes will be the same: Gordo will receive 4,000,000 euros for the series (400,000 for the tenth); the second prize, 1,250,000 euros for the series (125,000 for the tenth) and the third, 500,000 euros for the series (50,000 for the tenth).
The lottery maintains the essence with which it was born 211 years ago, a way of sharing the excitement and welcoming Christmas. Of the 100,000 numbers that enter this draw, only 15,304 tenths will win a prize, 10% of the lucky ones will be for refunds. The probability of winning something more than the return is slightly more than 5%.
But what if it happens… that is why it is advisable to take into account a series of recommendations to avoid scares or conflicts when collecting the prize.
More information
Where can you charge and until when?
Prizes up to 2,000 euros are collected at any authorized lottery administration by presenting the winning tenth to collect it. It is not necessary to identify yourself.
Prizes equal to or greater than 2,000 euros are only paid in the collaborating banks of State Lotteries and Betting. The financial institution will ask for the identification of the winner or all the participants if the prize has to be distributed and the tenth will remain in custody in the bank until its validity has been verified and the collection has been processed with the State Lottery and Betting Society ( Selae), deducting the corresponding taxes.
The collection period is immovable and almost without exceptions: three months from the day following the date of the draw.
There are only two reasons to exceed this deadline. In broken or damaged banknotes, since if there is doubt about their validity or there are suspicions of counterfeiting, this period is suspended until their validity is determined and possible appeals are resolved.
And by court order, when there is a dispute regarding who really belongs to a lottery prize or who played it, the expiration period is interrupted until a final resolution or court ruling is issued.
It is typical to play with shares issued by clubs, associations or groups. Many believe that after three months they have no right to collect, but that is not the case. Participations are not subject to Lottery regulations, so the legal collection period does not apply to them. The associations or clubs do have to collect the winning tenths within three months.
Do I have to pay taxes?
It depends on the amount of the prize. If it is greater than 40,000 euros, an automatic withholding of 20% by the Treasury will be applied.
For those who receive a tenth of the Christmas Gordo valued at 400,000 euros, the first 40,000 euros will be tax-free; 20% taxes (72,000 euros) will be deducted from the remaining amount (360,000 euros), so in the end you will receive 328,000 euros. This withholding is applied proportionately if there are multiple lottery prize winners.
It must be made clear from the beginning that the holders of the tenth are the people with whom you want to share because in this way the taxes are prorated among the participants.
Be careful because if a prize is collected and then shared with siblings or friends, a donation will be generated and they will have to pay the expensive Inheritance and Donation Tax.
Does collecting a premium affect your pension or receiving unemployment benefits?
For pensioners, winning the lottery and collecting the pension is possible, as long as the corresponding taxes are paid. It is also compatible to collect the prize with the contributory pension or the ERTE benefit.
Whoever receives unemployment benefits or other aid such as the minimum living income will have to take into account whether adding the Christmas Lottery prize exceeds the established income limit. In these cases, the collection of this aid may be denied, although the loss of the benefit will be temporary.
How to share a tenth without surprises?
There is no official guideline for sharing a tenth but it is advisable to leave the agreement in writing stating the name of the participants with the amount contributed by each one. You can include the date and photo of the original tenth and have everyone sign said document including a photocopy of ID.
Another way to share the tenth securely is to photocopy it among all friends or family, including data on the amount played and identification of the participant.
Sending a photo of the tenth by email or WhatsApp serves as proof as long as the details of the depositary, the participants and the participation of each one appear.
If it has been purchased online, the electronic receipt of the tenths has the same legal validity as the paper tenth.
What happens if someone forgets to pay their share of the winning tenth?
It is common for a person to be part of a group of friends where the tenths are always shared through WhatsApp, email, photocopies… appearing as the purchaser despite not having paid for it.
In this case, Cristina del Puerto, lawyer for Legálitas, states that a judicial claim could be made for the amount of the prize for the lucky tenth by presenting “evidence that demonstrates the willingness to share it, as well as the relationship of trust and habituality, although if “The tenth has not been paid, it is not certain that a resolution in favor will be generated.”
What happens if the participation has the wrong number?
When making a participation with a wrong number, we must act as soon as we become aware of the error. Antonio Rodríguez Bernal, partner at Cuena & Gómez Aguilera Abogados & Tax Advisors, states that this “action prior to the draw will most likely eliminate liability in the event that the number in question is awarded.”
Shareholders must be informed so that they know that the number purchased is different from the one stated on the ticket. It can be done by publication on social networks, in a newspaper or on the website of the entity that made the sale. “Pre-draw information about the error made could avoid the assumption of responsibility by the seller – having acted in good faith – in the event that the wrong number appearing on the ticket is awarded,” according to Rodríguez.
If the error is unknown or not reported, it is possible that the selling entity may be held liable since the third-party purchaser has paid a price with the expectation that the purchased number could be awarded. Whoever has a participation will be able to claim the prize, since, as this lawyer indicates, “the error that appears in the participation is not attributable to them.”
Whose prize is it if you are married or going through a divorce?
If they are married in community property and one of the spouses is the winner in the lottery draw, the prize will be community property: it will belong to both of them.
If it is under a regime of separation of assets, the prize will be exclusively for the spouse who bought the tenth. Although if it was purchased by both spouses, it will correspond exclusively to both of them in the corresponding percentage.
The Civil Code establishes that the community property is dissolved at the moment the divorce is decreed and until this moment the tenth winner can be considered to be community property.
However, the Supreme Court has established the possibility of returning the date of dissolution of the community property to the de facto separation provided that there is an effective cessation of marital coexistence, that said cessation is maintained over time and at the will of put an end to the company, not acting in a way that could lead to confusion of assets.
As Cristina del Puerto, lawyer at Legálitas, recalls, “it will be the spouse who has acquired the tenth who must prove that these conditions are met to consider that the prize obtained is his or her own.”
What happens if the number is damaged, lost or stolen?
If the winning tenth is damaged, you must go to a lottery administration and complete the relevant documentation to prove that you are its legitimate owner. After that, State Lotteries and Betting will send the tenth to the Mint and Stamp House so that the experts can prove its authenticity and send a report with which it will be decided if the prize is finally paid.
If my tenth has been stolen, it must be reported to the National Police, Civil Guard or the investigating court on duty, explaining the events that occurred and providing a copy of all the evidence that could have been collected. Then notify the State Lottery and Betting Legal Department in writing so that no one can collect the prize. If the prize exceeds 5,000 euros, it will be possible to ask the court for a court order to stop the payment. Once the order is granted, a copy of the complaint and the court order must be presented to a Lottery Administration.
Administrative law considers that with the photo of a lost or stolen tenth the prize cannot be collected, since it establishes that it must be the bearer who collects it.
The Supreme Court (TS) has left open the possibility of collection if certain requirements are met. In case of loss, theft or theft of the tenth, you must file a report of its loss and report it to the State Lottery Organization so that the payment of the lost tenth is suspended and for this entity to decide. The complaint must include the number, fraction, series and date of the draw.
Can I collect a tenth that I have found?
Finding a tenth that is later awarded can become “a poisoned gift” if the person who lost it proves ownership, says Cristina del Puerto. Whoever collects a lost tenth may incur a crime of misappropriation punishable in the Penal Code.
For this complaint to be successful, you must prove that you are the owner of the lost tenth through photos of the purchased tenth, screenshots of all the procedures carried out for the online purchase…, data such as number, series or fraction, saving the emails or WhatsApp in which indicate which tenth and what participation each of those who share it has, if applicable, in order to identify the tenth to the authorities when filing the complaint, explaining the facts in full detail.
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