In a situation of progressive maturation of the cryptocurrency ecosystem, Spain is transferring in the direction of a extra particular and structured regulatory framework. The yr 2026 is rising as one to bear in mind, as a result of full implementation of the MiCA Regulation (Cryptoasset Markets) and the entry into drive of the so-called Administrative Cooperation Directive (DAC8).
MiCA, totally relevant on the European stage from December 30, 2024, will see its full deployment within the Iberian nation in mid-2026. This regulation seeks to standardize the principles for the issuance and advertising and marketing of cryptocurrencies within the European Union (EU), classifying them into classes akin to utility tokens, safety tokens and stablecoins.
In Spain, the Nationwide Securities Market Fee (CNMV) is the physique that supervises its software. The entity, on the time of writing this text, has greater than 60 corporations registered to function with digital belongings within the nation. These embody banking entities, akin to Cecabank, Banco Bilbao Vizcaya Argentaria (BBVA) and Renta 4 Banco, to cryptocurrency exchanges.
At first of December, the Spanish Authorities utilized the complete transitional interval offered for within the MiCA Regulation, extending it till July 1, 2026. This regime advantages corporations that, earlier than the approval of such regulation, have been already offering cryptocurrency companies below the earlier authorized framework.
Exactly, the extension permits such corporations to proceed working below the earlier nationwide rules, with out the rapid want for full authorization of the brand new provision. Waiting for 2026, this provides them further room to adapt, but in addition marks a turning level.
Beginning July 1, Solely corporations which have obtained full MiCA authorization will have the ability to proceed workingwhich would require full compliance with European requirements and can result in the closure of those who fail to acquire approval.
It’s price mentioning that if MiCA establishes the principles for working out there, the opposite key pillar of regulation in Spain addresses the fiscal dimension. Right here comes into play, as reported by CriptoNoticias, the Administrative Cooperation Directive (DAC8), authorized by Congress in October 2025.
DAC8 will enter into drive on January 1, 2026forcing exchanges and repair suppliers to robotically report transactions, balances and consumer actions to EU tax authorities. This contains gross sales, exchanges and transfers, eliminating anonymity in regulated operations. The legislation permits cryptocurrencies to be seized for tax money owed.
Treasury may have full entry to cryptocurrency actions
As defined by José Antonio Bravo Mateu, a specialist in taxation of digital belongings, the DAC8 considerably expands the scope of knowledge out there to the Treasury: «Beginning in 2027 we may have info on all of the actions which have been made through the yr 2026 (…). Will probably be nearly full info,” he mentioned in a latest interview.
The advisor emphasizes that “this info will likely be a lot better than that requested from a financial institution”, since within the conventional banking system solely balances better than 250,000 euros (EUR) are reported, whereas in digital belongings “not even an change of two euros for a cryptocurrency will likely be missed.”
Thus, Bravo despatched customers a convincing message: “From January 1, 2026, when you’ve got crypto belongings or euros in an change positioned in Spain, they’ll have the ability to seize them instantly, with out the necessity for prior complicated procedures.”
And it’s that The Treasury could order the provider to dam or liquidate the belongings essential to settle tax money owed.extending this energy additionally to European exchanges as soon as automated information change is activated.
Because of this, the tax advisor warns concerning the significance of privateness and the sovereign use of bitcoin (BTC) outdoors of centralized platforms. He insists that Sure nameless practices are completely authorized, so long as they don’t represent a daily financial exercise..
«You should buy (bitcoin) peer-to-peer (P2P) simply as you should buy any kind of fine from a person (…). It’s not a criminal offense neither is an financial exercise being carried out if it’s not carried out frequently (…). “I should buy a phone, a pc or bread from a person…” mentioned the specialist.
These customers have been beneficial to make use of privateness instrumentsjust like the combine (mixers) of digital belongings. These are instruments designed to extend the privateness of transactions on networks like Bitcoin. They work by pooling funds from a number of customers into a standard pool, mixing them, and redistributing them to totally different addresses.
«A purchase order (of bitcoin in P2P) as soon as per week, as soon as a month, when I’ve cash, just isn’t a criminal offense. Similar to taking it to a combine It’s not a criminal offense. If I later promote it once more by way of peer-to-peer, I’m not committing any offense in opposition to the Treasury, nor are they going to inform me something,” Mateu acknowledged.
Nonetheless, he added: “If I’m doing it daily (the peer-to-peer), that is an financial exercise or it might be an financial exercise (…). There are gaps there.
Put together for 2026
On this yr that’s rising as related for the sector in Spain, it’s important to not confuse the scope of MiCA and DAC8. The danger and regulation advisor Cero Uno clarifies this nuance and warns about what he considers to be the “feast” that the Treasury is about to have.
DAC8, which comes into drive on January 1, 2026, is the eighth replace of the European Union Directive on Administrative Cooperation (DAC). This obliges cryptoasset service suppliers to report consumer transactions to tax authorities residents within the EU.
The platforms should submit experiences on the 2026 actions after the top of the yr, between January 1 and September 30, 2027. Their goal is to tighten the authorized framework on the automated change of knowledge (AEOI) to fight tax fraud and fight evasion.
Zero One illustrates this with clear examples. It states that if cryptocurrencies are stored in an entity with tax residence in Spain, akin to Binance Spain SL, the supplier should report on to the Treasury by way of Varieties 172 (balances as of December 31) and 173 (operations carried out through the yr). Each are obligatory disclosure statements.
Then again, for a international CEX throughout the EU, akin to Kraken in Eire, the specialist clarifies that these nationwide fashions will not be offered to the State Tax Administration Company (AEAT). Nonetheless, DAC8 requires automated equal change, so the Treasury receives detailed info on balances and transactions from Spanish customers.
In any case, it must be famous that self-custody is outdoors this technique. Cero Uno highlights on this regard that, if the consumer retains their cryptocurrencies in private wallets, these belongings will not be “positioned” in Spain or overseas from a tax standpoint.
That’s, there isn’t a third-party supplier that experiences such belongings within the aforementioned Fashions or 721. The latter is an informative declaration on digital currencies positioned overseas and solely applies if belongings are held in entities outdoors of Spain.
Cryptocurrencies below the microscope: proposals and reactions
The advice to prioritize self-custody taught by specialists resonates with broader criticisms of the Spanish regulatory method. Analyst José Luis Cava, writer of “The Artwork of Speculating,” criticized the dearth of consideration within the nation to the experiences of the US.
In accordance with the author, whereas some authorities events examine find out how to declare residents’ bitcoins confiscable, in the US taxpayers will have the ability to pay federal taxes in BTC with out going through further capital positive factors.
Cava is referring to the US legislative proposal generally known as the “Bitcoin for America Act”, which seeks to permit residents to settle their federal tax money owed instantly with bitcoin, with out mentioned operation implying the popularity of taxable capital positive factors in that particular transaction.
Moreover, when he talks concerning the actions of some political events, he refers back to the amendments offered by the Sumar Parliamentary Group (minority companion of the coalition Authorities in Spain) to the Draft Regulation on Measures for the Prevention and Battle in opposition to Tax Fraud, debated in Congress throughout October and November 2025.
These updates search to change the Normal Tax Regulation to extend tax burdens on cryptocurrency earnings. As well as, it proposes to declare all digital belongings as seizable belongings and permit the Tax Company to promote them.
Nonetheless, the reality is that these adjustments didn’t go unnoticed, in a context of criticism for the better management and tax burden than different international locations. As reported by CriptoNoticias, only a few days in the past a name was made to trade actors to unite in opposition to the letter.
The assembly goals to coordinate cryptoasset service suppliers (CASP), auxiliary corporations and holders to current proposals that curb rules, shield consumer privateness and forestall funding flight.
Cryptocurrency regulation in Spain is transferring in the direction of a situation of better fiscal management and market supervision, with MiCA and DAC8 as elementary pillars. Nonetheless, the dialogue about privateness, consumer rights and potential tax will increase reveals that the transition is not going to be simple. Confronted with potential adjustments, warning, in addition to staying up to date, will likely be key.
