Non-residents in Spain with cryptocurrencies: IRNR tax guide

If you reside in another country but hold cryptocurrencies on platforms with a presence in Spain (or in wallets that are sometimes considered "domiciled" in Spain), you need to understand your tax obligations under the Non-Resident Income Tax (IRNR).

What determines if you are a tax resident or non-resident in Spain?

You are a tax resident in Spain if:

• You stay in Spanish territory for more than 183 days in the calendar year.
• The core of your economic activities is based in Spain.
• Your legally unseparated spouse and dependent minor children have their habitual residence in Spain.

If you meet none of these criteria → you are a non-resident for tax purposes → you are subject to IRNR (Non-Resident Income Tax) instead of IRPF.

What crypto income is taxable in Spain for non-residents?

Income earned in Spanish territory

The IRNR only taxes Spanish-sourced income earned by non-residents. For crypto, the key is determining if the income is "generated" in Spain:

Gains from selling crypto: Gains from selling crypto are generally sourced where the seller resides → if the buyer does not reside in Spain, the gain is not Spanish-sourced → it is not taxable in Spain. The exception would be if the crypto sold is considered a "property located in Spain" → but cryptocurrencies are digital assets without a clear physical location.

Interest and income from Spanish exchanges: If an exchange based in Spain (or with a permanent establishment in Spain) pays you interest, staking rewards, or fees → that income IS Spanish-sourced → it is taxable under IRNR.

General IRNR rate for non-DTA countries

The general IRNR rate for capital income from countries without a Double Taxation Agreement (DTA) with Spain is 19% for EU/EEA countries or 24% for other third countries.

Double Taxation Agreements (DTAs)

If you reside in a country with a DTA with Spain, the rates may be lower:

• U.S.: capital income in some cases 0% or reduced rate.
• Germany, France, UK: reduced rates depending on the type of income.
• The DTA determines which country has the right to tax and at what rate.

Form 210: declaration for non-residents without a PE

Non-residents without a permanent establishment in Spain who earn Spanish-sourced income must file Form 210:

• Deadline: The first 20 days of April, July, October, and January → for income from each quarter.
• It can also be filed annually.
• For crypto: only if the non-resident earns clearly Spanish-sourced income (e.g., interest, staking from Spanish exchanges).

Spanish exchanges and withholding for non-residents

If an exchange with a fiscal presence in Spain (such as Bit2Me, headquartered in Spain) pays income to a non-resident:

• The exchange is required to withhold tax at source (IRNR rate based on the beneficiary's country of residence or applicable DTA).
• The non-resident must provide proof of foreign tax residency to the exchange (certificate of tax residency from the country of origin).

Form 720 and non-residents

Form 720 (declaration of assets abroad) is only for tax residents in Spain. Non-residents DO NOT file Form 720.

However, Spanish residents with crypto assets abroad (including on exchanges in other countries) MUST file it.

Special case: Exit Tax and crypto

When a taxpayer ceases to be a tax resident in Spain (moves to another country), the Exit Tax applies:

• If you held cryptocurrencies with unrealized capital gains at the time of changing residence → potential taxation of those unrealized gains.
• Applies when the sum of unrealized gains from shares and holdings exceeds €4,000,000 (or €1,000,000 if holding ≥ 25% in an entity).
• For individual cryptocurrencies (not holdings in entities): the Exit Tax on shares and holdings (Art. 95 bis LIRPF) does not directly apply.
• However, the AEAT could interpret it differently if the crypto is held in corporate vehicles.

Special case: digital nomads with crypto

Digital nomads (the Startup Law allows for a digital nomad visa in Spain) who spend time in Spain without exceeding 183 days:

• They can remain non-tax residents in Spain while working remotely from Spain.
• Their crypto gains while in Spain → if they are non-residents → are not taxed in Spain under IRPF.
• But if they exceed 183 days in the calendar year → they become tax residents → full IRPF applies, including crypto.

Reporting obligations for non-residents

Non-residents with crypto assets in Spain (exchanges headquartered in Spain) generally have the following obligations:

1. Form 210: if they receive Spanish-sourced income (interest, staking from Spanish exchanges).
2. Exchange KYC: the Spanish exchange will report their data in Form 172 (crypto on Spanish exchanges) → the AEAT will have visibility into their balances and transactions, even if the holder is a non-resident.

Summary

Updated: April 2026 | Tax year: 2025