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Crypto Regulation in Spain

Spain regulates crypto under MiCA through CNMV and the Bank of Spain. Spain has introduced mandatory crypto reporting (Modelo 721) and taxes crypto gains at 19-28%. The regulatory approach is comprehensive but strict.

Region: EuropeCurrency: EURAdoption Rank: #23Risk Score: 30/100

Tax Information

Capital Gains (Personal)
19% (up to EUR 6,000), 21% (EUR 6,000-50,000), 23% (EUR 50,000-200,000), 27% (EUR 200,000-300,000), 28% (above EUR 300,000)
Capital Gains (Corporate)
25% corporate tax on crypto gains
VAT on Crypto
No
Staking Tax
Taxed as capital gains at applicable savings rates
Airdrop Tax
Taxed as capital gains upon disposal or as income upon receipt
Mining Tax
Taxed as economic activity income at progressive rates
Summary
Spain taxes crypto gains at progressive savings tax rates from 19% to 28%. Crypto holdings abroad exceeding EUR 50,000 must be reported via Modelo 721 (since 2024). The AEAT (tax agency) has intensified crypto tax compliance efforts, sending letters to crypto holders based on exchange data.

Licensing & Registration

License Required
Yes
Regulator
CNMV / Bank of Spain (Comisión Nacional del Mercado de Valores / Banco de España)
Framework
Markets in Crypto-Assets Regulation (MiCA); Spanish AML Law; Circular 1/2022 CNMV
License Types
Crypto-Asset Service Provider (CASP) Authorization under MiCA, VASP Registration with Bank of Spain
Estimated Cost (USD)
$25,000 - $200,000
Timeline
4-12 months
Ease of Licensing
Medium
Notes
CNMV oversees crypto-asset market conduct, including advertising restrictions (Circular 1/2022 requires pre-notification of crypto ads). Bank of Spain handles VASP registration for AML. Transition to MiCA CASP authorization is underway.

AML / KYC

KYC Required
Yes
Travel Rule
Yes
FATF Member
Yes
FATF Status
Compliant
Suspicious Activity Reporting
Yes

Mining

Mining Legal
Yes
Status
Legal
Electricity Cost ($/kWh)
$0.16
Renewable Energy
45%
Climate
Temperate
Infrastructure
Good
Tax on Mining Income
25% corporate tax on crypto gains

DeFi, Stablecoins & NFTs

DeFi: regulatedStablecoins: specific frameworkNFTs: unclearCBDC: exploring

Soken Services

Legal Opinion
Available | $3,000 - $12,000 | 10 days
Banking
Difficulty: Hard | Crypto-friendly banks: none listed
Min. Deposit
$10,000
Fiat Rails
SEPA, SWIFT, SEPA Instant
Card Payments
Visa, Mastercard
Company Registration
$8,000 | 30 days | Limited Liability Company (LLC)
Licensing Support
Available | $25,000 - $100,000

Sources

Frequently Asked Questions

Is crypto legal in Spain?
Cryptocurrency is currently classified as "Legal" in Spain. Spain regulates crypto under MiCA through CNMV and the Bank of Spain. Spain has introduced mandatory crypto reporting (Modelo 721) and taxes crypto gains at 19-28%. The regulatory approach is comprehensive but strict.
What is the crypto tax rate in Spain?
In Spain, the personal capital gains tax on crypto is 19% (up to EUR 6,000), 21% (EUR 6,000-50,000), 23% (EUR 50,000-200,000), 27% (EUR 200,000-300,000), 28% (above EUR 300,000), and the corporate tax rate is 25% corporate tax on crypto gains. Spain taxes crypto gains at progressive savings tax rates from 19% to 28%. Crypto holdings abroad exceeding EUR 50,000 must be reported via Modelo 721 (since 2024). The AEAT (tax agency) has intensified crypto tax compliance efforts, sending letters to crypto holders based on exchange data.
Do I need a crypto license in Spain?
Yes, a crypto license is required in Spain. The regulator is Comisión Nacional del Mercado de Valores / Banco de España under Markets in Crypto-Assets Regulation (MiCA); Spanish AML Law; Circular 1/2022 CNMV. Estimated licensing cost: $25,000 - $200,000.
Is crypto mining legal in Spain?
Yes, crypto mining is legal in Spain. Electricity costs approximately $0.16/kWh. Mining income is taxed at: 25% corporate tax on crypto gains.
What are the AML/KYC requirements for crypto in Spain?
Yes, crypto businesses in Spain must comply with KYC (Know Your Customer) requirements. The FATF Travel Rule is implemented. FATF compliance status: compliant.