Spanish Government Approves Draft Law to Require Crypto Investors to Reveal Holdings

Cryptocurrency investors governed by Spain could face mandatory reporting of their holdings for tax purposes under a new draft law the government approved Friday, Oct. 19, local daily news network ABC reports.

Unveiled at a press conference by the country’s finance minister María Jesús Montero, the measures seek to make holders of cryptoassets declare them regardless of whether they are in Spain or offshore.

Specifically for tax purposes, she said, the government wishes to gain “identification of the holders and the balances contributed by these virtual currencies.”

“It is stated as mandatory that people and companies inform the Tax Agency about this operation,” the publication quotes Montero as saying, including if the holder is a Spanish resident living abroad.

Spain has stepped up its efforts to formalize the cryptocurrency sector this year, in April sending user identification requests to no fewer than sixty businesses involved in the nascent economy.

If the latest draft becomes law, cryptocurrency holdings would need to be included in Spain’s notorious tax reporting structure known as the 720 form.

As Bloomberg notes, the penalties involved for incorrect information about a taxpayer’s earnings are severe, consisting of a €5,000 ($5,745) fine for each inaccuracy.

The move underscores the patchwork regulatory environment for crypto tax that persists in the European Union.

Some member states -– notably Poland – have U-turned on previously-instigated conditions and tax thresholds for cryptocurrency holdings, while others such as Malta and Spain’s neighbor Portugal already have preferential policies.

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