The taxation of virtual assets will be regulated by new legislation that requires Spanish citizens who possess crypto assets on platforms outside Spain to declare them by March 31, 2024.
As initially reported in the BoletÃn Oficial del Estado, the official state gazette of the Kingdom of Spain, on July 29, 2023, the Spanish Tax Administration Agency, also referred to as Agencia Tributaria, has issued form 721, a tax declaration form on virtual assets held offshore.
The Form 721 proclamation submission period will run from the last day of March to January 1, 2024. As of December 31, 2023, individual and corporate taxpayers must disclose the value of funds in overseas cryptocurrency accounts.
Nevertheless, the obligation to disclose foreign holdings of cryptocurrencies on the balance statements of any individual exceeds 50,000 euros (approximately $55,000). It is mandatory for individuals who maintain their assets in self-custodial accounts to disclose their holdings via the standard wealth tax form 714.
Recently, the Agencia Tributaria has intensified its efforts to impose fees on crypto asset proprietors in the area. It issued 328,000 warning notices in April 2023 to individuals who failed to remit their cryptocurrency taxes for the fiscal year 2022.
Annually, the number of notices escalated by 40%, culminating in 150,000 notices in 2022. The number of notifications received was a mere 15,000.
The nation is endeavoring to take a proactive approach by implementing various regulations to oversee cryptocurrencies. The Markets in Crypto-Assets Regulation, the first comprehensive European Union crypto framework, will enter national force in December 2025, six months earlier than the official deadline, according to a report by the Spanish Ministry of Economy and Digital Transformation in October.
The National Securities Market Commission, the primary financial regulator in Spain, initiated legal proceedings against a technology provider in November on charges of violating regulations about cryptocurrency promotion.
