"The Beckham Law" or how to save taxes in Spain| TaxDown (2024)

Understanding how to navigate the tax implications of cryptocurrency in Spain is crucial for all crypto enthusiasts. Whether you’re trading, mining, or using crypto for payments, the Spanish tax authorities have specific rules that you need to follow.

This guide will walk you through how cryptocurrency taxation works in Spain and how to file your crypto taxes correctly.

How Cryptocurrency Taxation Works in Spain

In Spain, cryptocurrency is not classified as fiat currency but rather as a digital asset. This classification impacts how different crypto activities are taxed. The Spanish tax authorities view cryptocurrencies similarly to stocks or other investment assets, meaning that the tax implications depend on the specific use and transaction involving the crypto assets.

Additionally, Spain follows the FIFO (First In, First Out) method for calculating capital gains. This means that the earliest acquired assets are considered sold first when determining gains or losses. Here’s a breakdown of how different crypto activities are taxed:

Capital Gains

In Spain, cryptocurrency is not classified as fiat currency but rather as a digital asset. This classification impacts how different crypto activities are taxed. The Spanish tax authorities view cryptocurrencies similarly to stocks or other investment assets, meaning that the tax implications depend on the specific use and transaction involving the crypto assets.

Additionally, Spain follows the FIFO (First In, First Out) method for calculating capital gains. This means that the earliest acquired assets are considered sold first when determining gains or losses. Here’s a breakdown of how different crypto activities are taxed:

For example, if you bought Bitcoin for €3,000 and sold it for €5,000, you would have a capital gain of €2,000, which would be taxed at 19%.

Another example_ if you bought Ethereum for €20,000 and sold it for €45,000, you would have a capital gain of €25,000. This gain would be taxed at different rates: the first €6,000 at 19%, and the next €19,000 at 21%. This means:

• €6,000 taxed at 19% = €1,140
• €19,000 taxed at 21% = €3,990

So, the total tax due on your €25,000 capital gain would be €5,130.

Navigating these complexities on your own can be daunting and time-consuming. Consider using TaxDown, the best solution for declaring your cryptocurrency taxes accurately and efficiently. TaxDown simplifies the process, ensuring you comply with Spanish tax laws and avoid costly mistakes.

Crypto Mining

Income from crypto mining in Spain is treated as earnings from economic activities and subject to general income tax rates. These rates are progressive, ranging from 19% to 47%, depending on your total income from all sources.

When you mine cryptocurrency, it’s crucial to track the value of the coins at the time you receive them. This initial value forms the basis for calculating your taxable income. Additionally, you can deduct expenses directly related to your mining activities. These deductible expenses can include:

• Electricity Costs: Mining can consume a significant amount of electricity, and these costs can be deducted to reduce your taxable income.

• Equipment Depreciation: The depreciation of your mining hardware over time can also be deducted. This includes the initial cost of the equipment spread over its useful life.

• Other Operational Costs: Expenses such as cooling systems, maintenance, and any other operational costs directly associated with mining activities.

It’s important to keep detailed records of all these expenses to justify the deductions when filing your taxes. The taxable income from mining is added to your total income from other sources, which determines your overall tax rate.

For example, if you mine Ethereum and receive coins worth €10,000 at the time of receipt, this amount is added to your taxable income. If your total income (including other sources) falls into the 30% tax bracket, you’ll owe 30% of €10,000, minus any eligible deductions.

Additionally, if you later sell the mined cryptocurrency for a profit, you will also need to pay capital gains tax on the profit made from the sale. This requires calculating the difference between the value of the cryptocurrency when mined and its value at the time of sale.

Key Points to Remember:

• Track the value of mined coins at the time of receipt.
• Deduct eligible expenses such as electricity, equipment depreciation, and other operational costs.
• Keep detailed records for all mining-related activities and expenses.
• Understand that both income tax and capital gains tax may apply.

By carefully tracking and managing your mining activities and associated expenses, you can ensure compliance with Spanish tax laws while optimizing your tax liability.

Direct Payments

Using cryptocurrency to pay for goods and services is treated as a disposal of assets in Spain, meaning it incurs capital gains tax. This taxation occurs because when you use crypto to make a purchase, you are effectively selling the cryptocurrency. The difference between the purchase price of the cryptocurrency and its value at the time of the transaction is considered a capital gain or loss.

For example, if you bought Bitcoin for €1,000 and later used it to buy a laptop worth €1,500, you would have a capital gain of €500. This gain would be subject to capital gains tax at the applicable rate.

How to File for Cryptocurrencies in Spain

Filing your crypto taxes in Spain involves reporting all taxable events to the Agencia Tributaria (Spanish Tax Agency). Here’s a step-by-step guide to help you through the process:

1. Track Your Transactions: Keeping a detailed record of all your crypto transactions is crucial for accurate tax reporting. This includes dates, amounts, and the fair market value in euros at the time of each transaction. To ensure accuracy and completeness, it’s highly recommended to download your transaction history directly from the exchange where you conduct your trades. Most exchanges provide an option to export your transaction data, which can help you maintain comprehensive records and simplify the process of calculating gains and losses for tax purposes.
2. Calculate Your Gains and Losses: Determine your capital gains or losses by comparing the acquisition cost of your cryptocurrency with its value at the time of sale or exchange.
3. Use the Right Forms: Fill out the appropriate tax forms. For annual income tax returns, use Form 100 (Modelo 100) to declare your income and capital gains from cryptocurrencies.
4. Declare Foreign Holdings: If you hold more than €50,000 in crypto assets outside of Spain, you must declare these using Form 721 (Modelo 721).
5. Include All Sources of Income: Ensure you report all crypto-related income, including from mining, staking, or as payment for services.
6. Consult a Professional: Tax laws can be complex and subject to change, so it’s often wise to consult with a tax professional who is familiar with cryptocurrency taxation.

Navigating cryptocurrency taxes in Spain can be complex, but understanding the basics can save you from potential penalties and ensure you comply with the law. Keep thorough records, stay informed about the latest regulations, and consider professional advice to manage your crypto taxes effectively.

Declaring cryptocurrencies on your own can take up to 12 hours, involving a lot of paperwork and the potential for errors. It’s advisable to seek help from experts or use a tool like TaxDown, which simplifies the process, ensuring accuracy and compliance with Spanish tax laws. By using TaxDown, you can enjoy the benefits of your cryptocurrency investments while staying on the right side of the law.