After selling 450 tickets – the equivalent of 90 tenths in shares of five euros, four of which were intended for the game and one reserved as a donation – the young people of the Villamanín festival committee made a serious mistake: they did not entrust all the shares to the lottery administration, a necessary procedure so that buyers could obtain the right to recover the prize. For this reason, a receipt with proof of 50 tickets already sold and the corresponding money was forgotten at the home of one of the organizers of the municipal festivities and could never be registered. As a result, half a century of participation collapsed without the support of the tenth officer.
El fallo, in addition to the chaos in Villamanín, triggered a series of questions throughout the country about the ticket sales system, the role of associations and lottery administrations in this process and the extent of the responsibilities and consequences of each party.
How does the ticket system work?
Sociedad Estatal de Loterías y Apuestas del Estado outlets only sell tenths and savings. The documents, which relate to uses and customs, are managed by associations or entities without any profit interest, without any responsibility arising from this management on the part of the administration. Entries are not official receipts. Its function is to make people believe that the buyer is entitled to a concrete share of one tenth, proportional to the amount paid. Therefore, Loterías is contradictory to the same things.
These are equivalent to a prize distribution agreement, in which whoever organizes the sale — whether a festival committee, an association or a sports club — acts as an intermediary. It is therefore essential that the collective has a tenth of the coverage of the stakes sold, because without this support the paper is shredded paper.
What is the process between the associations and the lottery administration?
The association requests a lottery administration to decide between an elected number. From then on, print a few ballots with the chosen numbers and put them on sale, while the corresponding tenths remain safe in a safe which houses the lottery. The days preceding the Christmas Lottery draw, the collective hands over the money collected and in the administration it is divided into tenths: depending on the amount received, as many tenths are spent as appropriate. They are then at the disposal of the association.
If a receipt is not issued to the administration, is the damage irreversible?
If the money collected in a checkbook is not given to the administration, the lottery cannot send it in tenths to the association. As a result, the Christmas Raffle is not sold and is not officially supported. The deadline for returning them to the commercial delegations of the Sociedad Estatal de Loterías y Apuestas del Estado is December 21 at 10:30 p.m., from which point the administration loses the possibility of returning them and their custody returns to the official entity managing the Christmas Lottery.
Who collects the prize?
The association presents the tenth agent of the administration or bank authorized by Loterías y Apuestas del Estado, where the number, series and fraction are verified. Since this is a large prize, it is not paid in cash, but by bank transfer to the collective, which appears as the holder of the tenth. The latter is obliged to share the price with ticket buyers according to the number of players indicated in the participation. If the person responsible refuses or delays payment, the invoice holder can claim the amount civilly. When you buy a card, The contractual relationship is with the association and not with the administration. It is not official before Loterías y Apuestas del Estado, but it is valid before the collective that issues it.
How is the money given to the buyers of the shares?
The association can make a bank transfer using a certificate corresponding to each participant, with corresponding IRPF retention. For example, a basketball club in Madrid set a previous record last year. onlinewhere winners submit their personal data and document details. Once verified, the club named each winner with the intention that they present their paperwork and receive a check in their name along with proof of payment.
How will Villamanín elders be heard?
However, no agreement was found on this form. For now, it remains to be seen that the young committee members waive the price for the stakes they themselves purchased (some five-tenths and paper) and that the rest of the beneficiaries accept a fair percentage of their profits to cover four million.
How is this money transfer calculated?
The transfer of money from winners who accepted payment was considered a donation. It is voluntary and without direct compensation, which is why Hacienda classifies it as such for tax purposes. There is no automatic withholding on these amounts as the 20% deduction is applied to the initial winners’ payment. However, the donation must be declared in the Impuesto de Succession et de Donation, according to the limits and types of the corresponding autonomous community. Grantors cannot pay another withholding tax to the bank, but can only be required to file a return and pay gift taxes.
What happens if someone denounces a change of opinion and opposes the agreement?
You can request a precautionary measure so that the premium is not paid. It is important to remember that there are only three months left to get it back. It’s time to play against those who want to receive money. If the prize is awarded and the claim is made later, the refund of the money will depend on what the judge dictates. It is essential that the legal document is presented to a notary and signed by everyone to avoid requests.
What will be the legal consequences in the event of a complaint?
Only the party committee, the lottery has no guilt, it is only the money that delivers it to the tenth, according to several experts. You don’t have to know that a checkbook was lost in transit, since you don’t have the necessary documents. In the event of a request, those responsible for the municipal festivities will be held responsible for civil liability, that is to say they will receive a monetary penalty to pay for the damage caused. There is no criminal offense because there is no desire to profit, no intention to defraud. The sale of the forgotten receipt of 50 contributions is 250 euros because each ticket costs five euros, of which 50 was a donation.
Is it legal to collect a donation in the form of an amount from mayors on a slip?
Yes, it is legal to charge an additional donation to the amount paid as long as it is voluntary and clearly communicated to the buyer. It is not essential that the entity formally form a non-profit association to sell tickets, but this additional cost must be treated as a donation. If the entity does not have legal personality or is not synonymous with profit, this “donation” could be considered irregular income or hidden surplus, with possible tax or legal consequences. In addition to the economic conflict, another legal conflict can be added. According to what some people concerned report in the newspaper Heraldo de León, “the festival committee is not constituted as such, because it is not legally valid”. Otherwise, solving the problem would be even more complicated.
Is it possible to know who owns the shares without granting them?
Yes, the papers are numbered to keep track of who purchased each entry. But only the association knows for sure which invoices are logged and which are not, unless it publishes a transparent ledger for buyers, a viable option if it has made a clear and verifiable record of the tenths that support each slip.
Do all administrations have access to the reserve of tenths for associations that produce paper documents?
Many lottery administrations choose not to reserve numbers for specific associations that issue tickets to avoid this type of problem. The lottery operator of the Lottery Administration number 2 of La Pola de Gordón, Rubén González, who shared the Gordo in Villamanín, hopes that from now on alone he will deal with this type of petitions when they come from large and consolidated entities.
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