Jurisdiction · Schedule H–ES · tax year 2026

Spain

Two tax bases with opposite destinies, a foreign-holdings form with its own threshold, and a tax agency that mails letters by the hundreds of thousands: Spanish crypto tax is not harsh in its rates — it is harsh in its bookkeeping.

Renta deadlinecampaign April – 30 June 2027 (for 2026)

Current position

The schedule.

Status marks: — settled in practice, ! watch (moving or commonly misapplied), ? unresolved. All lines are a working draft pending licensed review.

Schedule H · Part INature, bases, swaps, yields, forms and deadlines

FORM H–ES / 2026
STATUS: WORKING REVIEW

Line	Position	Current treatment	What it means	Status
01	Nature	Capital gain · personal income tax	Selling, swapping or spending crypto alters your patrimony. Moving between your own wallets does not.	—
02	Savings base	19% – 30% · progressive brackets	The top bracket rose from 28 to 30% on the excess over €300,000. These scales move — the line stays on watch.	!
03	Crypto-to-crypto swap	Taxable event · FIFO mandatory	BTC for ETH is taxed even without touching euros — stablecoins included. First units bought are first sold.	—
04	Staking · lending	Investment income · savings base	Taxed on receipt at market value (DGT ruling V1766-22), at the same savings brackets.	—
05	Airdrops	General base · up to ~47% · zero cost	A gain not derived from a transmission: taxed like your salary. Labelling it as staking is the error Hacienda checks under a magnifying glass.	!
06	Mining · activity	Economic activity · general base	Registration, deductible expenses, progression. Scale and organisation draw the boundary.	—
07	The two-month rule	Rebuy ±2 months · loss deferred	The anti-application rule for homogeneous securities, read onto crypto: its exact reach is still debated. Caution and records.	?
08	Form 721	Foreign custodians · >€50,000 · 31 March	Only crypto held by third-party custodians outside Spain. Self-custody with your own keys sits outside the form.	!
09	Wealth tax · Form 714	Regional · valued at 31 Dec	The portfolio enters wealth tax above your region's minimums; the large-fortunes levy runs in parallel.	—
10	DeFi · NFTs	Criteria under construction	Pools, wrapping and NFTs resolve case by case; DGT rulings arrive at a trickle. Position with advice.	?
11	Losses	Savings base · 4 years · 25% cross-cap	They offset savings-base gains and, capped, investment income. What is unused waits four years.	—
12	Data · 172/173 · DAC8	Spanish exchanges already report · EU since 2026	Forms 172 and 173 have delivered balances and operations for years; DAC8 adds the rest of the EU's platforms with a first delivery in 2027.	!
13	Filing	Renta · April to 30 June	Dedicated boxes for virtual currencies. Form 721 runs January to March — two separate calendars.	—
14	Records	Per transaction · year-end close valuations	Dates, euro values, reconstructable FIFO, one stable price source. The letter arrives with the custodian's data; better to hold your own.	—

Working draft · all 14 lines pending licensed review · sign-off dates will appear per lineStart with lines 02 and 05 →

Aviso in Renta WebAn informational message in your draft returnNot a proceeding: it is Hacienda saying "we know you traded". Regularisation still runs at list price.Window open RequerimientoA formal demand with a deadlineUsually ten business days. From here, spontaneous correction no longer exists: what arrives late arrives sanctioned.Clock running Comprobación · inspectionAn office is reviewing your yearsRepresentation before every filing. Assessments are negotiated; improvised answers are not.Formal No letter yetThe list priceA spontaneous supplementary return with Article 27 surcharges — no penalty, no proceeding. The cheap option while nobody asks.Voluntary

Published pages · Spain

Read in the order trouble arrives.

Rule

The two bases

Savings at 19–30% or general up to 47%: the classification of each income is worth more than any rate.

→ Rule

Form 721

€50,000, foreign custodians, 31 March — and the self-custody that sits outside.

→ Letter

Hacienda's ladder

Aviso, requerimiento, review: each rung rewrites the price of the same correction.

→ Decision

Voluntary regularisation

Spain offers no immunity: it offers a price list. Surcharges, penalties, and the €120,000 criminal threshold.

→