🇪🇸 Spain

Spain has a clear regulatory framework for cryptocurrencies, governed under the Markets in Crypto-Assets Regulation (MiCAR), providing legal certainty for crypto activities.

Overview

StatusLegal
Risk Score25/100 (Low Risk)
Regioneurope
CurrencyEUR
Adoption Rank#23

Tax Information

Capital Gains (Personal)19%-30% progressive savings income tax (19% up to EUR 6,000; 21% EUR 6,001-50,000; 23% EUR 50,001-200,000; 27% EUR 200,001-300,000; 30% above EUR 300,000) as of FY2025
Capital Gains (Corporate)25% corporate tax rate applies to crypto gains
VAT on CryptoNo
Staking TaxTaxed as income at progressive rates
Airdrop TaxTaxed as income or capital gains depending on circumstances

Spain taxes crypto capital gains at progressive rates between 19% and 26% for individuals, corporate gains at 25%, and treats staking and mining income as taxable income. VAT does not apply to crypto transactions.

Licensing & Registration

RequiredYes
RegulatorCNMV (primary) / Banco de España (ART and EMT issuers)
FrameworkMarkets in Crypto-Assets Regulation (MiCAR)
Easemedium
Cost (USD)$25,000 - $200,000

Licensing under MiCAR requires compliance with AML and operational standards; process is moderately complex.

Enforcement Activity

Level: Moderate

CNMV has enforced crypto advertising pre-notification requirements and issued fines for non-compliance. AEAT has sent tax compliance letters to thousands of crypto holders based on exchange data.

AML / KYC

KYC RequiredYes
Travel RuleYes
FATF MemberYes
FATF Statuscompliant
FATF BodyFATF
Suspicious-Activity ReportingYes

DeFi, Stablecoins & NFTs

Status: unregulated

DeFi and DAOs are explicitly excluded from MiCA scope. Decentralized activities including borrowing, lending, and DeFi staking operate outside MiCA regulation in Spain. A future review of MiCA with focus on DeFi is underway at EU level but no DeFi-specific regulation has been enacted as of June 2026.

Stablecoins

Status: regulated

Stablecoins (ARTs and EMTs) are regulated under MiCA. CNMV supervises market conduct; Banco de España provides prudential supervision of ART and EMT issuers. Issuers require authorization and must maintain adequate reserve backing. Non-MiCA-compliant stablecoins were removed from EU platforms around March 2025. As of April 2026, 38 authorized EMT issuers are active in the EU.

NFTs

Status: Unclear

MiCA excludes unique NFTs. CNMV follows ESMA guidance. Spain's art market makes NFT classification relevant.

Mining

LegalYes
Electricity Cost$0.16/kWh
Renewable Energy45%
Infrastructuregood

Mining is legal with moderate electricity costs and a significant share of renewable energy; infrastructure supports mining operations.

Geopolitical Risk

Stabilitystable
SanctionsNo
Corruption Index58/100
Banking Accessopen

Risk Factors

Spain offers a stable political and regulatory environment with good internet freedom and banking access for crypto businesses. Risks include potential regulatory updates and energy cost fluctuations.

Sources

Frequently Asked Questions

Is cryptocurrency legal in Spain?

Spain has a clear regulatory framework for cryptocurrencies, governed under the Markets in Crypto-Assets Regulation (MiCAR), providing legal certainty for crypto activities.

What is the FATF status of Spain?

Spain is classified by FATF as: compliant.

Are VASPs licensed in Spain?

Yes, licensing is required for VASPs.

What is the AML/KYC regime in Spain?

KYC is mandatory for crypto businesses.

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Last reviewed: 2026-06-01 · Data source: Soken Crypto Legal Map

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