A tax reform initiative recently declared by the Spanish Ministry of Finance will grant tax collection authority to financial institutions.
The Spanish Ministry of Finance aims to increase its oversight of cryptocurrency activities within the nation so that it may confiscate digital assets to settle tax obligations.
Reportedly, under the direction of MarÃa Jesús Montero, the ministry is drafting legislative amendments to the General Tax Law, more particularly Article 162, to enable the Spanish Tax Agency to detect and confiscate cryptocurrency assets possessed by taxpayers who have delinquent debts.
On February 1, a royal decree was issued that broadens the scope of entities endowed with tax collection authority. Institutions, savings institutions, and credit cooperatives were the only entities that were previously permitted to 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 at which the modifications are being executed presents certain difficulties in regulation. The nation is endeavoring to take a proactive approach by implementing a range of regulations to oversee cryptocurrencies.
The Spanish Ministry of Economy and Digital Transformation announced in October 2023 that the Markets in Crypto-Assets Regulation (MiCA), the first comprehensive crypto framework of the European Union, will be implemented nationally in December 2025, six months prior to the official deadline.
Tax authorities require Spanish citizens who possess crypto assets on non-Spanish platforms to declare them by the end of the following month.
The Form 721 declaration submission period commenced on January 1, 2024, and concludes on the final day of March. As of December 31, 2023, mutual and corporate taxpayers must disclose the value of funds held 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. Self-custodied wallet holders must disclose their asset possessions via the standard wealth tax Form 714.