Crypto Investing Asset Communities: Complete Tax Guide

Two friends, a couple or siblings who pool money to buy Bitcoin automatically form a community of property (CB) in legal terms, even if they have not signed any contract. This has specific tax implications in Spain.

What is a community of property (CB)?

The CB is a legal figure of the Civil Code that arises when the ownership of a thing belongs to several owners (pro indiviso). It is not an entity with its own legal personality (like a SL), but it does have some tax obligations.

Elements:

• Two or more people.
• A common good (it can be Bitcoin, ETH, a crypto wallet).
• Participation fees (can be in equal or unequal parts).

Investing CB vs economic activity CB

It is crucial to distinguish:

1. Investing CB: community members limit themselves to investing (buying and selling crypto). There is no economic activity.
2. CB economic activity: community members carry out economic activity (active trading as self-employed, mining, etc.).

Investing CB: Profits/losses are attributed directly to each community member in their individual personal income tax (income attribution regime).

CB with economic activity: Obligation to register in the AEAT census with your own NIF, presentation of informative returns, possible registration of self-employed workers.

Income allocation regime

In the investing CB, the income is "attributed" to each community member in proportion to their quota:

• If A and B have 50% each → each declares 50% of the profits in their personal income tax.
• If A has 70% and B 30% → A declares 70% and B 30%.

This regime is regulated in arts. 86 et seq. of the LIRPF.

Formal obligations of a CB investing in crypto

NIF of the CB

• If the CB carries out any economic activity, it needs NIF.
• Pure investor CB: the NIF may not be necessary if all the assets are in exchanges in the name of a single community member.

How to declare if the exchange is in the name of only one person?

If the wallet or exchange is registered in the name of A but the money belongs to A and B jointly:

• A must declare only his share (50%) of the profits.
• B must declare his part in his own declaration.
• It is essential to document the community agreement (the simplest: deed or private contract).

Model 198 and other information

The CBs with economic activity present Form 184 (informative declaration of entities in attribution of income), which informs the AEAT of how the income is distributed among the community members.

Practical case: A and B invest together in crypto

Situation: A and B contribute €10,000 each in 2023 and buy ETH. In 2025, they will sell everything for €40,000.

Total profit: €20,000 (40,000 − 20,000).

• A declares €10,000 of GPO in his personal income tax.
• B declares €10,000 of GPO in his personal income tax.

If A is in the 23% bracket and B is in the 21% bracket, the total taxes vary from what would be paid individually.

CB with de facto partner vs marriage

• Community marriage: crypto investments acquired during the marriage belong to both spouses equally (it is already a type of CB by law). Each one declares 50%.
• Marriage in separation of assets: only the person who acquired the asset declares.
• De facto couple: by default there is no community, unless it has been formalized or there is a demonstrable contribution to the property.

Dissolution of the community of property

When the community members decide to "divide" the assets (e.g.: A takes the Bitcoin, B takes the ETH):

• The distribution that respects the quotas within the value of the CB does not generate capital gain.
• If A receives more value than what was due and B compensates with money → possible taxable event.
• The excess over the quota can be considered transmission.

Practical recommendations

1. Document the agreement from the beginning: private contract or notarial deed of incorporation of CB.
2. Specify quotas and how decisions will be made (quorum, etc.).
3. Centralize in a shared wallet but with a record of who contributed what.
4. Annual coordination: that both community members share tax information to declare correctly.

Summary table

Updated: April 2026 | Fiscal year: 2025