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Spain’s Sumar Party Pushes New Crypto Tax Amendments, Experts Warn of Chaos

Quick Breakdown 

  • Spain proposed major crypto tax reforms, shifting many gains into higher tax brackets.
  • Lawmakers also sought to classify all cryptoassets as seizable by authorities.
  • Experts warned that the measures are unenforceable and could destabilize Spain’s crypto-tax system.

 

Spain’s Parliamentary Group Sumar has introduced a set of amendments to Congress seeking major tax reforms affecting cryptocurrencies. The proposal targets three key laws: General Tax Law 58/2003, the Personal Income Tax Law, and the Inheritance and Donations Tax Law.

Higher tax burden for crypto gains

Under the plan, profits from cryptoassets that are not classified as financial instruments would move from Spain’s savings tax base, capped at 30%, to the general income tax base, which is capped at 47%. For companies, these gains would be taxed at 30% under the corporate tax framework.

The proposal also instructs the Comisión Nacional del Mercado de Valores (CNMV) to create a mandatory crypto “risk traffic-light system” for investors. Platforms operating in Spain would need to display visual risk ratings based on regulatory status, supervision, backing, and liquidity.

However, tax specialist José Antonio Bravo Mateu criticised the proposal as politically driven rather than technically adequate. He argued that Bitcoin and other self-custodied crypto holdings remain outside the reach of conventional supervision or seizure. According to him, such measures may push more residents to relocate when Bitcoin reaches higher valuations.

Plan to classify all cryptoassets as seizable sparks pushback

The amendment package also seeks to broaden Spain’s asset-seizure rules, making all cryptoassets subject to embargo. Currently, only assets regulated under the EU’s Markets in Crypto-Assets (MiCA) framework are subject to enforceable seizure procedures.

Legal specialists say the expansion is unworkable. Crypto lawyer Chris Carrascosa noted that non-MiCA tokens, such as USDT, cannot be custodied by authorised centralised providers, rendering seizure efforts impossible. She warned that imposing unenforceable obligations on crypto service providers (CASPs) would create operational chaos rather than clarity.

Carrascosa added that if passed, the reform would destabilise Spain’s already complex crypto-tax regime, calling on lawmakers to halt what she described as an excessive and impractical overhaul.

In a related development, Spanish authorities dismantled a sophisticated criminal ring accused of running a global, AI-driven investment scam that defrauded over $20 million from 208 victims.

 

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