---
type: country
domain: crypto-regulation
status: stable
tags: ["crypto-regulation", "europe", "fatf", "legal"]
aliases: ["ES", "ESP", "España"]
created: 2026-04-13
updated: 2026-01-20
compile_into: ["[[country--spain]]"]
sources:
  - name: "CNMV"
    url: "https://www.cnmv.es"
    type: "official"
  - name: "EU [[concept--mica|MiCA]] Regulation"
    url: "https://eur-lex.europa.eu"
    type: "official"
---

# 🇪🇸 [[country--spain|Spain]] (ES) — Crypto Regulation

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

## Overview

| Field | Value |
|-------|-------|
| Status | Legal |
| Risk Score | 30/100 (Moderate Risk) |
| Enforcement Level | Moderate |
| Region | [[domain--europe|europe]] |
| Currency | [[entity--eur|EUR]] |
| Adoption Rank | #23 |

## Tax

| Type | Rate |
|------|------|
| Capital Gains (Personal) | 19%-26% progressive capital gains tax |
| Capital Gains (Corporate) | 25% corporate tax rate applies to crypto gains |
| VAT on Crypto | No |
| Mining Tax | Taxed as income or business activity |
| Staking Tax | Taxed as income at progressive rates |
| Airdrop Tax | Taxed 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

| Field | Value |
|-------|-------|
| Required | Yes |
| Regulator | [[entity--cnmv|CNMV]] |
| Framework | Markets in Crypto-Assets Regulation (MiCAR) |
| Ease | medium |
| Cost | $25,000 - $200,000 |
| Timeline | 4-12 months |

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

## AML / KYC

| Field | Value |
|-------|-------|
| KYC Required | Yes |
| Travel Rule | Yes |
| [[concept--fatf|FATF]] Member | Yes |
| FATF Status | compliant |

## DeFi

**Status:** regulated

DeFi activities fall under the scope of MiCAR and are subject to regulatory oversight to ensure investor protection and AML compliance.

## Stablecoins

**Status:** regulated

Stablecoins are regulated under MiCAR with specific requirements for issuance and reserve backing to protect users.

## NFTs

**Status:** Unclear

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

## Mining

| Field | Value |
|-------|-------|
| Legal | Yes |
| Electricity Cost | $0.16/kWh |
| Renewable Energy | 45% |
| Climate | temperate |
| Infrastructure | good |

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

## Geopolitics

| Field | Value |
|-------|-------|
| Stability | stable |
| Sanctions | No |
| Corruption Index | 58/100 |
| Ease of Business | easy |
| Internet Freedom | free |
| Banking Access | open |

## Enforcement

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.

## CBDC Status: exploring

---

*Data source: [Soken Crypto Legal Map](https://soken.dev/crypto-map/). Last reviewed: 2026-04-13.*

**Sources:**
- [CNMV](https://www.cnmv.es)
- [EU MiCA Regulation](https://eur-lex.europa.eu)