In this note, we would like to remind you of the cryptocurrencies informative obligations in Spain.
172 Form. Annual Informative Return on Balances in Virtual Currencies
Those required to submit this informative form are individuals and entities residing in Spain and permanent establishments in Spanish territory of individuals or entities residing abroad, who provide services to safeguard private cryptographic keys on behalf of third parties, to maintain, store, and transfer virtual currencies, whether such services are provided primarily or in connection with another activity.
The filing deadline is from January 1st to January 31st, 2024, regarding the 2023 information.
We attach the link to the frequently asked questions from the Spanish Tax Authorities regarding 172 form: https://sede.agenciatributaria.gob.es/Sede/en_gb/todas-gestiones/impuestos-tasas/declaraciones-informativas/modelo-172-declaracion-informativa-sobre-virtuales/preguntas-frecuentes.html?faqId=572b69be716fb810VgnVCM100000dc381e0aRCRD
173 Form. Annual Informative Return on Transactions with Virtual Currencies
Those required to submit this informative return are:
- Individuals and entities residing in Spain and permanent establishments in Spanish territory of individuals or entities residing abroad, who provide exchange services between virtual currencies and fiat currency or between different virtual currencies, intermediaries in any way in the realization of such operations, or provide services to safeguard private cryptographic keys on behalf of third parties, to maintain, store, and transfer virtual currencies. Those individuals or entities whose activity is limited to advising on virtual currencies, merely putting interested parties in contact to carry out operations with virtual currencies, or simply attending to orders for payment and collection in fiat currency from individuals or entities providing exchange services between virtual currencies and fiat currency or between different virtual currencies or services to safeguard private cryptographic keys on behalf of third parties or their clients are not required to submit 173 form.
- Individuals and entities residing in Spain and permanent establishments in Spanish territory of individuals or entities residing abroad, who carry out initial offers of new virtual currencies.
Nevertheless, when the initial offerings of new virtual currencies are conducted with the intermediation of any of the obligated entities mentioned in the preceding clause, the annual informative declaration must be submitted by the latter, irrespective of the residence of the individual or entity conducting the initial offering of new virtual currencies.
The filing deadline is from January 1st to January 31st, 2024, regarding the 2023 information.
We attach the link to the frequently asked questions from the Tax Authorities regarding 173 form: https://sede.agenciatributaria.gob.es/Sede/en_gb/todas-gestiones/impuestos-tasas/declaraciones-informativas/modelo-173-decla_____nformativa-sobre-operaciones-virtuales/preguntas-frecuentes/preguntas-frecuentes-sobre-modelo-173.html
721 Form. Informative Return on Virtual Currencies Located Abroad
The informative return mentioned must be submitted by individuals and legal entities residing in Spanish territory, permanent establishments in said territory of non-resident persons or entities, and the entities referred to in article 35.4 de Ley 58/2003, de 17 de diciembre, General Tributaria, who are holders of virtual currencies abroad, or with respect to which they have the status of beneficiaries, authorized or in some other way have the power of disposal, or of which they are real holders, held by persons or entities that provide services to safeguard private cryptographic keys on behalf of third parties, to maintain, store, and transfer virtual currencies, as of December 31st of each year.
This obligation also applies to those who have been holders, authorized persons, or beneficiaries of the aforementioned virtual currencies, or have had powers of disposition over them, or have been actual owners at any time during the year to which the return refers and who have lost such status by December 31 of that year. In these cases, the information to be provided shall correspond to the date on which such extinction occurred.
The deadline for submitting theform is between January 1st and April 1st, 2024, based on the 2023 information.
We attach the link to the frequently asked questions of the Tax Authorites for 721 form: https://sede.agenciatributaria.gob.es/Sede/en_gb/todas-gestiones/impuestos-tasas/declaraciones-informativas/modelo-721-decla-sobre-monedas-extranjero/preguntas-frecuentes-sobre-modelo-721.html
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