Crypto Tax Penalties in Spain: In-Depth Guide

Crypto tax penalties in Spain are pretty straightforward – you’ll face a 1% surcharge monthly, escalating to 15% after a year of non-payment. This only applies if you haven’t received a notice from the tax authorities. Otherwise, depending on the severity and intent of non-compliance, the penalties can reach up to 50% of the unpaid amount.

With tax season around the corner, it makes sense to discuss the potential pitfalls, including tax penalties, that crypto investors and traders in Spain might face, and offer strategies to steer clear of them.

How is Crypto Taxed in Spain?

How is Crypto Taxed in Spain?

In Spain, the tax authorities treat cryptocurrency as assets subject to taxes. Roughly speaking, you can divide crypto taxes in Spain into three categories –

General Income Tax: This tax comes into play when you earn crypto through tasks or mining. Say you freelance for a project and get paid in crypto. That crypto is taxable based on rates set by the government and your local area. This also applies to mining, staking, lending rewards, and other interest-bearing activities. 

Savings Income Tax: When you sell, spend, or swap your crypto, you’re dealing with Savings Income Tax (similar to capital gains tax in other countries). If you bought Bitcoin a while back and sold it for a profit, you’ll owe taxes on that profit. Moreover, you can also offset up to 25% of your net capital gains each year. The tax rates range from 19% to 26%, depending on your income level.

Wealth Tax: This tax usually only affects those with assets worth over €700,000 (including non-crypto assets). If you’re in that bracket, be prepared to pay taxes ranging from 0.2% to 4% on your assets.

Read our detailed guide on crypto taxes in Spain to learn more. 

Learning the basics of taxation is crucial in understanding the various crypto tax penalties in Spain and how to avoid them, which brings us to the next section…

Understanding Crypto Tax Penalties in Spain

Types of Penalties

Understanding the various crypto tax penalties in Spain is crucial. These penalties mainly come in three ways: penalties, surcharges, and interest on late payments.

Penalties: Penalties vary based on the offense, from fixed amounts for minor mistakes to percentage-based fines for serious violations. For example, inaccurate reporting of crypto transactions can lead to hefty fines.

Surcharges: Surcharges apply for late filings without prior notice from tax authorities. Rates increase with the length of the delay.

Interests: Interest rates, set by tax authorities and subject to change annually, are imposed on late payments made after the due date. 

Calculating tax penalties in Spain depends on factors like the type and severity of the infraction, the taxpayer’s intent, and whether the infraction was voluntarily disclosed before detection.

It’s crucial to note that penalties and surcharges for late filing are separate. If taxes are filed late but before any formal demand, surcharges are applied for the delay without additional penalties for late filing.

Common Crypto Tax Penalties in Spain

When we talk about crypto tax penalties in Spain, two primary categories stand out: late filing penalties and late payment penalties. Let’s break them both down – 

Late Filing: If you file your taxes after the due date without a nudge from the tax office, you’ll face late filing penalties. These penalties grow the longer you delay. Every month of delay adds a surcharge, starting at 1% and maxing out at 12% after a year. If you hit the one-year mark, expect a hefty 15% surcharge plus interest. For instance, filing two months late tacks on a 2% surcharge.

Late Payment: When you file without fully paying up, you’ll be liable to pay various surcharges. They come in three stages:

  • Executive Surcharge: You’ll be liable to a surcharge of 5% if you pay before getting a formal demand for payment.
  • Reduced Enforcement Surcharge: You’ll be liable to a surcharge of 10% if you receive a formal demand but pay within specified deadlines.
  • Enforcement Surcharge: You’ll be liable to a surcharge of 20% if payment isn’t made within the reduced enforcement surcharge deadlines.

Penalties: They’re slapped on for late filing without prior demand or payment discrepancies. Generally, they start at 50% of the demanded amount but don’t exceed €3000.

While late payment penalties deal with incomplete payments, late filing penalties tackle late tax submissions. Both can significantly hike up your tax bill, underscoring the importance of timely and accurate tax reporting to avoid crypto tax penalties in Spain. 

How to Avoid Crypto Tax Penalties in Spain?

Appealing to tax authorities to reduce or eliminate penalties is an option, but it’s better to avoid triggering penalties or surcharges altogether. How? Here are four simple yet effective tips to help you steer clear of crypto tax penalties in Spain.

Meet Deadlines: The first and most obvious yet crucial tip is to meet your tax deadlines. File your crypto taxes by June 30 using Form 100 (Modelo 100) and other relevant tax forms to dodge penalties. Missing the deadline can result in surcharges and interest, hiking up your tax bill.

Be Proactive: If you miss a deadline, act fast. Declare your late filings and payment status before the tax authorities send you a notice. Paying surcharges promptly can save you from hefty penalties. Plus, voluntarily acknowledging your shortcomings in tax reporting might earn you penalty reductions, as the Spanish tax system rewards cooperation.

Stay Updated: This one might be a tangent but worth mentioning. Tax laws change regularly. Stay informed about updates to ensure compliance and take advantage of new tax benefits or avoid pitfalls.

Keep Records: Maintain detailed records of all crypto transactions—purchases, sales, exchanges, and mining income. Thorough documentation is key for accurate tax reporting and defending your filings during audits. Tools like Bitcoin.Tax can simplify this process.


Is Spain crypto-friendly?

Spain isn’t particularly “crypto-friendly” or “crypto-unfriendly.” Like most countries, crypto is legal in Spain and is treated as an asset for tax purposes with reasonably decent tax rates. 

Check out our list of most crypto-friendly countries to learn more.

Is crypto taxable in Spain?

Yes, crypto is taxable in Spain. The State Agency for Tax Administration of Spain considers crypto as an asset for tax purposes. This means that people involved in buying, selling, or exchanging cryptocurrencies are liable to pay taxes on their profits. Moreover, crypto mining rewards and income received in crypto are also subject to taxation in Spain.

What is the capital gains tax in Spain?

The capital gains tax in Spain, which is also referred to as savings tax, applies to profits generated from the sale, exchange, or spending of cryptocurrencies. The tax rates for capital gains in Spain are progressive and range from 19% to 26%, depending on the individual’s income level and other factors.