Spain Strengthens Crypto Oversight to Settle Tax Debts

The Spanish Ministry of Finance, under the leadership of María Jesús Montero, is taking significant steps to enhance its control over cryptocurrencies within the country. The ministry is actively working on legislative reforms targeted at the General Tax Law, particularly focusing on Article 162. These reforms aim to empower the Spanish Tax Agency with the authority to identify and confiscate crypto assets from taxpayers who have pending tax debts. This move is part of a broader effort to combat tax evasion and align with the European Union’s regulatory framework.

A recent royal decree that came into effect on February 1 has expanded the scope of entities that can perform tax collection duties, extending beyond traditional banks to include electronic money institutions, which are now required to report all card transactions. This expansion is a clear indication of the Spanish government’s commitment to tightening its grip on tax collection and ensuring compliance in the rapidly evolving cryptocurrency market.

Additionally, Spain is preparing to adopt the Markets in Crypto-Assets Regulation (MiCA), the first comprehensive crypto framework by the European Union, by December 2025, six months ahead of the official deadline. This proactive stance highlights Spain’s dedication to creating a robust regulatory environment for cryptocurrencies.

Spanish residents with crypto assets on platforms outside Spain are obligated to declare these assets by the end of March 2024, with the declaration period for Form 721 having started on January 1, 2024. However, it’s important to note that only individuals with crypto assets exceeding €50,000 are required to report their holdings. Those with self-custodied wallets must disclose their holdings through the standard wealth tax form 714.

These developments come as countries worldwide are increasingly recognizing the need to tax cryptocurrency holdings amidst the market’s expansion. Spain’s efforts to enhance its cryptocurrency monitoring and taxation mechanisms are part of a global trend towards greater transparency and regulation of digital assets​​​​.

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