The OCU reminds that banks cannot request a commission for collecting prizes from the Christmas Lottery draw

The Organization of Consumers and Users (OCU) remembers that banking entities They will not be able to ask for any commission nor demand compensation from citizens who come to collect the prizes from the Extraordinary Christmas Lottery draw, which is held on December 22.

Prizes less than 2,000 euros can be cashed at any point of sale in the Lottery network and if the winning tenth has been purchased online, the user will receive the amount automatically in their assigned account. However, from 2,000 euros, it is charged in the collaborating banking entitieslisted on the State Lottery and Betting website. The right to collect the prizes expires three months from the day following the draw.

In this sense, the user organization highlights that when collecting a prize shared between several people, each winner and their percentage of participation must be identified in the bank. The bank will pay the full prize (less the amount on which it is taxed) in the account of the person who already owns an account in that bank and who will then distribute as agreed. The minimum for which taxes are paid is 40,000 euros.

“You should never charge everything one without identifying the other participants, since by distributing it it may appear that you are donating the money, which would require the payment of the donation tax,” he explains, and then points out that although the prize is not declared in the Personal Income Tax (IRPF), the returns it generates are.

If the tenth is sharedThe Treasury automatically retains 20% of the part of the prize that exceeds the exempt minimum of 40,000 euros for each tenth, not for each winning person. That is, the tax is deducted and then the net amount is distributed among the participants.

In the event that the tenth ticket deteriorates or is damaged, it is advisable to present it to State Lotteries and Betting, which will determine whether it is valid or not. “If it is very damaged “it will be the National Mint and Stamp Factory that must make a ruling,” specifies the OCU, which recalls that the courts look at different evidence to dictate the payment of the prize, such as the fact that no one claims it, the analysis of the fragments or the seller’s testimony.

In addition, the Organization of Consumers and Users points out that, when purchasing a tenth, the first thing to do is photograph it on both sides or make photocopies of the front and back, since it can serve as evidence if it is later lost or stolen. “A Lottery tenth It is a bearer document and, in principle, the prize is received by whoever has it in their possession,” he warns.

When it is shared, the depositary of the tenth must give each participant a signed copy (with the name and ID of the depositary) indicating the people who share it and with what amounts. It is also possible send this same detailed document by email or by instant messaging application to participants, who must pay their part before the draw.

If you buy the ticket online, you must make sure that it is done at an authorized lottery administration. It can also be done directly on the State Lottery and Betting website. In this case, you must choose an associated point of sale, which can be any of the lottery administrations in Spain. When purchasing online you receive an electronic receipt of the tenths purchased, which has the same legal validity as the paper tenth and proves ownership of the tenth. The originals are deposited in the lottery administration’s safe.

Regarding the loss or theft of the tenth, OCU indicates that it is “essential” to report it to the National Police or Civil Guard of the place where the event occurred. The complaint must include as much information as possible and all the circumstances, provide possible evidence (photos or photocopies of the tenth), identifying the number, series and fraction. In addition, the State Lotteries and Betting agency must be notified in writing. “With the complaint the payment can be stopped until the judge decides who is the true owner,” he concludes.