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Spain Considers Shift of Crypto Income to General Tax Base as Lawmakers Target Tighter Controls

Spain Considers Shift of Crypto Income to General Tax Base as Lawmakers Target Tighter Controls

2025-11-26

Spain Considers Shift of Crypto Income to General Tax Base as Lawmakers Target Tighter Controls

  • Spain plans higher crypto taxes and new risk alerts that may create heavier pressure on traders and firms.
  • New proposals move crypto gains to a higher tax base and expand rules that cover seizable digital assets.
  • Rising confusion in Spain grows as unclear tax rules and recent cases highlight gaps in crypto regulation.

Spain is reviewing tougher crypto tax measures after the Sumar Parliamentary Group filed new amendments this month. The proposals seek higher tax rates on Bitcoin, Ethereum, and other digital assets. They also aim to change how the country assesses risk on crypto platforms. The package introduces broad shifts that may affect traders, corporations, and long-term holders.

New Pressure on Crypto Income

The first amendment moves crypto gains to the Personal Income Tax general base. This base reaches 47 percent. Current rules place crypto under the savings base, taxed up to 30%. The change targets assets not treated as financial instruments. It increases the financial burden for retail users. It also restructures how Spain separates digital gains from traditional financial income.

The second amendment raises the load on companies handling crypto. It proposes a fixed 30% Corporate Income Tax on related gains. This aligns with the standard corporate rate. It affects firms that hold tokens for strategic goals. It also impacts companies that rely on active trading to support revenue.

Proposed Traffic Light Risk Tool

The third amendment directs the National Securities Market Commission to build a visual risk system for crypto. The tool would appear on investor platforms across Spain. It would assess registration, supervision, backing, and liquidity. The aim is to help users understand risk levels during crypto purchases. The plan also seeks stronger market oversight during periods of high volatility.

The proposal expands the list of seizable assets as well. It adds all crypto holdings to the category. This goes beyond the earlier rule that covered only assets under the EU MiCA framework. The change raises concern among long-term holders who fear broader asset exposure.

Market specialists warn that the amendments may affect Bitcoin, Ethereum, and other assets. Many of them expect heavier pressure on retail investors. They note that high rates may influence relocation decisions during strong market rallies. They also believe that complex rules will reduce confidence in Spain’s regulatory direction.

Ongoing Concerns About the Tax Regime

Uncertainty increased after a recent case involving a €9 million tax bill. Authorities taxed a trader for a transaction that produced no profit. They classified the transfer as a taxable capital gain. The case exposed major gaps in Spain’s tax framework. Legal groups report that the country still lacks clear guidelines for crypto holdings and tokenized assets. Investors struggle to determine when transactions become taxable. They also face unclear treatment for long-term positions.

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