The Spanish Ministry of Finance aims to enhance its control of cryptocurrency activities within the nation so that it may be able to confiscate digital assets like crypto to settle tax obligations.
Reports indicate that the ministry, under the leadership of MarÃa Jesús Montero, is drafting legislative amendments to the General Tax Law, more particularly Article 162, to enable the Spanish Tax Agency to seize crypto assets owned by taxpayers who owe delinquent debts.
Since February 1, a royal decree that grants tax collection authority to a greater variety of entities has been in effect. Banks, credit cooperatives, and savings banks were the only institutions that could previously report to the Treasury.
Additionally, the Treasury intends to combat tax evasion with greater vigor. It seeks to require electronic money institutions and banks to disclose all card transactions.
The rapid pace of change implementation presents specific regulatory challenges. The nation is endeavoring to take a proactive approach by implementing various regulations to oversee cryptocurrencies.
Six months before the official deadline, the Spanish Ministry of Economy and Digital Transformation announced in October that the Markets in Crypto-Assets Regulation (MiCA), the first comprehensive European Union crypto framework, will enter into force nationally in December 2025.
Tax authorities require Spanish citizens who possess crypto assets on non-Spanish platforms to declare them by the end of the following month.
Form 721 proclamation submissions commenced on January 1, 2024, and concluded on the final day of March. As of December 31, 2023, mutual and corporate taxpayers must disclose the value of funds in their overseas cryptocurrency accounts.
Except for this threshold, individuals whose cryptocurrency holdings exceed the equivalent of 50,000 euros (approximately $54,000) on their balance accounts are required to disclose their foreign holdings.
It is mandatory for individuals who maintain their assets in self-custodial accounts to disclose their holdings via the standard wealth tax form 714.