Spain Follows India’s Footsteps in Crypto Tax, Proposing Up to 47%

Spain’s Sumar Parliamentary Group has put forward a sweeping package of amendments that would significantly raise the tax pressure on cryptocurrency investors while tightening compliance obligations for digital-asset platforms operating in the country.

The proposals, now before the Congress of Deputies, aim to overhaul three core tax laws and introduce a much stricter framework for how crypto profits are calculated and monitored under Spanish rules.

If approved, the changes would make Spain one of the EU’s strictest countries on crypto taxes and regulation.

A shift from savings taxation to general income tax

Under current Spanish law, individuals are required to declare gains from cryptocurrencies under the savings tax base, taxed at rates of up to 30%. Sumar now wants to reclassify those profits—when the assets are not considered financial instruments—under the general Personal Income Tax (IRPF) base, where top earners pay as much as 47%. Corporate taxpayers would also face a uniform 30% rate on crypto-related gains.

Tax experts say the proposal represents a fundamental shift in how Spain treats digital assets. Many investors currently rely on the savings rate structure, which mirrors how traditional investments such as stocks or investment funds are taxed. 

Moving crypto toward the general base could effectively treat digital assets more like ordinary income than investment income.

Economist and tax advisor José Antonio Bravo Mateu did not mince words, calling the amendments “clearly  go against Bitcoin, Ethereum, and other cryptocurrencies,” adding that such efforts are “useless attacks against Bitcoin.”

Lessons from India: What Spain might face

Spain’s proposed approach is similar to what happened in India. In 2022, India introduced a 30% tax on cryptocurrency gains, along with a 1% Tax Deducted at Source (TDS) on all crypto transactions. After these measures were put in place, many Indian investors started moving their trading activity to foreign exchanges to reduce their tax liabilities and simplify compliance. This shift has had a noticeable effect on domestic Indian exchanges, which have experienced lower trading volumes and reduced liquidity.

The experience in India shows that high taxes and strict rules can push investors to move their crypto trading to foreign platforms. If Spain takes a similar approach with a top IRPF rate of 47%, Spanish investors could do the same, which might put pressure on local exchanges and service providers.

Mandatory “crypto traffic light” warning system

A second amendment would task Spain’s National Securities Market Commission (CNMV) with creating a visual “risk traffic light” system for crypto products—an idea Spanish lawmakers have floated previously.

The color-coded warnings would appear on investor platforms and rank assets according to their level of regulatory oversight, liquidity, and backing. It mirrors warning mechanisms already required for complex financial instruments such as CFDs, though critics argue that crypto’s diversity makes such simplified labels potentially misleading.

In July, several MPs already pushed the CNMV to implement similar visual warnings, arguing that retail users need a clearer and more intuitive way to understand crypto-asset risk.

Legal Paradox

Perhaps the most controversial element is Sumar’s attempt to label all cryptocurrencies as seizable assets, expanding rules that currently apply only to tokens regulated under the EU’s Markets in Crypto-Assets (MiCA) framework.

Legal specialists warn that this change clashes with the reality of the crypto ecosystem.

Lawyer Chris Carrascosa argued that the measure is “unenforceable,” noting that many tokens—such as stablecoin USDT—are not held by local custodians and cannot be frozen or seized in the traditional sense. 

She said the amendment “adds no value” and could force Spain’s crypto service providers into impossible situations when executing seizure orders.

The proposal also raises questions about how authorities would treat self-custodied assets, which cannot be accessed without the holder’s private keys. Bravo Mateu hinted at this limitation, saying such efforts only encourage investors to relocate once Bitcoin’s price climbs enough that, in his words, they “no longer care what the politicians say.”

Spain’s troubled relationship with crypto taxation

Spain’s tax authority (AEAT) has been increasingly assertive in its attempts to regulate and monitor digital-asset activity. Yet that enforcement push has often collided with unclear laws and conflicting interpretations.

In August, a crypto trader was hit with a €9-million tax bill for a transaction that resulted in no profit at all, drawing national and EU-level criticism. The AEAT classified the trade as a taxable capital-gains event despite the absence of gain—an approach legal scholars described as legally questionable.

Spanish tax firm Lullius Partners warned that “Spanish tax legislation still lacks clear guidelines” on crypto, making it difficult for investors to understand when transactions trigger taxable events. EU financial observers have echoed that assessment, pointing to the urgent need for consistent interpretation across member states.

Competing proposal would give Bitcoin a separate, lighter tax regime

Interestingly, while Sumar seeks harsher taxation, another group of tax inspectors—Juan Faus and José María Gentil—has proposed a special tax regime exclusively for Bitcoin.

The idea, which gained attention within Spain’s crypto community earlier this year, would distinguish Bitcoin from other digital assets and potentially lower the tax burden on the world’s largest cryptocurrency. 

Supporters argue that Bitcoin’s monetary characteristics justify separate treatment, while critics say such a regime would add further complexity to an already tangled system.

Industry braces for turbulence

If enacted, Sumar’s amendments could reshape Spain’s crypto landscape, potentially turning the country into one of the EU’s strictest jurisdictions.

Critics say the package risks driving investors offshore and burdening service providers with impractical compliance obligations.

Carrascosa warned that approval of the amendments would create “absolute chaos in the entire crypto tax regime in Spain,” while Bravo Mateu suggested the moves could push high-value investors to leave the country altogether.

With the proposals now under review by lawmakers, Spain’s digital-asset sector is watching closely, uncertain whether the outcome will bring clarity or deepen the regulatory confusion that has defined the country’s crypto taxation debate for years.

Also Read: Japan to Mandate Crypto Exchanges to Hold Liability Reserves

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