Sumar has introduced an amendment that shifts digital asset gains from the savings base to the general base of the IRPF, raising the marginal rate to as high as 47% for individuals and fixing corporate taxation at 30%. The measure arrives alongside new rules on traceability, seizure authority and investor warnings, and has been publicly characterized as an aggressive action targeting Bitcoin.
A structural transformation in taxation and oversight
The amendment represents a systemic shift in Spain’s fiscal and supervisory approach to crypto assets. It introduces a framework that impacts individuals, companies, platforms and custodians by increasing monitoring capacity and redistributing the tax burden across the ecosystem.
Filed in the Chamber in November 2025, the amendment moves capital gains from “non-financial crypto assets” out of the savings tax band and into the general IRPF base. This reclassification elevates rates from the previous 19%–28% range to a potential ceiling of 47%, while corporate gains tied to cryptocurrencies would face a flat 30% rate.
The reform also mandates that the Comisión Nacional del Mercado de Valores (CNMV) deploy a “risk traffic light” on trading platforms to warn investors. Simultaneously, asset seizure powers would extend to the entirety of digital holdings, including those not covered by MiCA.
The change would reshape the tax treatment of everyday use cases and technical activities. It modifies how income flows are taxed across the crypto economy and increases the effective weight of fiscal compliance.
In trading, capital gains from selling or swapping assets would fall under the IRPF’s general base, enabling taxation of up to 47% in the highest brackets. Mining revenue, already treated as business income, would face additional taxation upon sale, heightening operational pressure through double exposure to tax. Staking rewards would no longer be taxed as savings income, but instead absorbed into the general base with higher possible liability.
Practical consequences include higher fiscal costs for custodians managing withholdings and reporting, and liquidity constraints for large holders executing high-volume operations. Reporting complexity would rise sharply, aligning with intensified oversight by the Tax Agency.
The proposal also broadens the scope of assets eligible for seizure. This expansion creates technical challenges around key management and on-chain verification for enforcement authorities.
🚨 El Grupo Parlamentario Sumar ha presentado tres enmiendas en el proyecto que transpone la Directiva de la UE sobre criptoactivos que van claramente contra Bitcoin, Ethereum y otras criptomonedas:
1️⃣ Quieren que las ganancias por criptoactivos no considerados instrumentos…
— José Antonio Bravo Mateu (@jabravo) November 24, 2025
Criticism has centered on feasibility and market impact. Tax advisor José Antonio Bravo Mateu labeled the reform an ineffective attack on Bitcoin, while lawyer Chris Carrascosa warned that it could trigger systemic chaos in taxation and enforcement.
The initiative represents a profound redesign of crypto taxation in Spain, raising concerns over competitiveness, operational friction and potential capital flight. While the amendment progresses to parliamentary debate and vote, its final reach — including timeline and implementation — will determine how deeply it reshapes the Spanish crypto landscape.