Spain's Crypto Tax Updates: DGT Rulings, DAC8 and Audits

Crypto tax updates in Spain: from DGT rulings to DAC8

Overview

What has changed in crypto taxation in Spain over the past year? In this MERGE Madrid panel, CELECRYPTO (now part of Ecija), FINREG 360 and ATH review the rulings of Spain's tax authority (DGT), the first audits, how hacks are treated, and the arrival of the major information-exchange systems: DAC8 and CARF.

What you'll learn

• The ruling of the year: selling a property and being paid in bitcoin, and why it raises questions across income tax, VAT and transfer tax
• Transfer tax and barter: why the “intangible asset” criterion could make the acquirer pay 4%
• Wallet hacks: how to prove the loss and why the cost basis, not market value, is what counts
• First audits: VAT and corporate tax on 2022 ICOs and the legal uncertainty of the time
• DAC8 (2026) and CARF (from 2027): crypto information exchange between tax authorities and new reporting forms
• Planning and the Beckham Law: tax residency, exit tax and the 030 form

Session summary

The binding ruling of the year: the panel analyzes a case where an individual sells a property and is paid in bitcoin; for income tax the barter criterion is confirmed (savings-base capital gain, transfer value taken as the higher of what is given or received at market value), with no change from prior rulings.

The transfer-tax debate: the novelty is that the property-tax subdivision treats the delivery of bitcoin as an intangible asset and applies the barter rule, so the acquirer of the crypto (the property seller) could owe transfer tax (onerous transfer) at 4% — something, the panel notes, almost no one was factoring in.

Contradictions and uncertainty: it is noted that the same body treats bitcoin as “currency” for wealth tax but as an “intangible asset” for transfer tax, that for VAT a delivery by a business is exempt, and that there is still no defined connecting point for international transactions.

Wallet hacks: it explains how to handle a loss from a hack (report to the authorities, proof of ownership and of the movement) and that the deductible loss is the acquisition cost of the asset, not its market value at the time of the theft.

First audits: it discusses VAT and corporate-tax audits on token issuances (ICOs) carried out in 2022, when there was no MiCA or clear criterion, and stresses that the legal uncertainty of the time should not work against the taxpayer.

DAC8 and CARF: it explains that DAC8 begins reporting in 2026 across the 27 EU countries (with changes to forms 172 and 173) and that the OECD's CARF standard will extend the exchange to dozens of jurisdictions from 2027, so “the net is tightening” around crypto data.

International planning: it covers the Beckham Law, tax residency, exit tax and the 030 form, with the general recommendation to pay taxes correctly in a context of far more information available to the authorities.

Watch the full talk

Watch the full recording on MERGE's YouTube channel, with CELECRYPTO (Ecija), FINREG 360 and ATH on crypto taxation in Spain.

FAQs

How is selling a property and being paid in bitcoin taxed?
According to the panel, for income tax it is treated as a barter (savings-base gain) and, under the criterion discussed, it could trigger additional transfer tax at 4% for the acquirer of the crypto.

What loss can I deduct if my wallet is hacked?
According to the talk, the deductible loss is the acquisition cost of the crypto-assets, not their market value at the time of the hack, and it should be supported by a police report and proof of ownership.

What are DAC8 and CARF?
They are systems for the automatic exchange of information on crypto users and transactions: DAC8 at EU level (from 2026) and CARF at OECD level (expanding from 2027).

Is this tax advice?
No. This content is informational and summarizes what was presented in the talk; it does not constitute tax or legal advice. Consult a professional for your specific situation.