The General Directorate of Taxes (DGT) has issued dozens of binding consultations on cryptocurrencies. How to read them, cite them in your declaration and protect yourself with them in the event of an AEAT inspection.

Binding consultations from the DGT on crypto: your tax shield

The General Directorate of Taxes (DGT) is the body of the Ministry of Finance that interprets Spanish tax regulations. Their binding consultations are the most valuable source of tax judgment in the absence of specific cryptocurrency regulations.

What is a binding query?

A binding consultation (art. 89 LGT) is the DGT's official response to specific questions from taxpayers about how a specific operation is taxed.

Binding nature:

The DGT must act in accordance with what it said in its own consultation.
If the taxpayer acts following a binding consultation from the DGT, they cannot be sanctioned even if the criteria change later.
The AEAT (which is different from the DGT) is also bound by the consultations.

Key queries from the DGT on cryptocurrencies

V1069-2019: Bitcoin and capital gains

First relevant query. The DGT confirmed that:

The sale of Bitcoin generates capital gains or losses based on savings.
The valuation method is FIFO.
The exemption for reinvestment in housing or other exemptions does not apply.

V0999-2018: Cryptocurrency Swap

The DGT confirmed that the exchange of one cryptocurrency for another (e.g.: ETH for USDT) is an exchange:

Generates capital gain/loss at the current exchange rate.
It is a taxable event even if there is no conversion to euros.

V2101-2020: Staking and mining

The DGT established that:

Cryptocurrency mining is an economic activity → returns from economic activities.
Staking with proof of participation is taxed as capital (position of some advisors) or economic activity (if there is regularity and infrastructure).

V0214-2023: DeFi and yield farming

Latest consultation on DeFi. The DGT established:

Yield farming (receiving tokens for providing liquidity) is a return on capital.
Deposit in DeFi pools (LP tokens) can generate a transmission (swap).

V1411-2023: Liquid Staking

It covered liquid staking (stETH/rETH):

The ETH → stETH can be ETH transmission.
stETH returns are movable capital.

How to search for crypto binding queries

DGT Portal

The DGT publishes all queries at: https://petete.tributos.hacienda.gob.es

Steps to search:

Access the query search engine.
Type keywords: "Bitcoin", "cryptocurrencies", "virtual currencies", "staking", "NFT", "DeFi".
Filter by year (the most relevant: 2019-2025).
Read the full text (includes the "facts" and the "DGT response").

Search by reference code

Some relevant crypto queries:

V1601-2018
V1069-2019
V0999-2018
V2101-2020
V0214-2023
V1411-2023

How to submit a binding query yourself

Any taxpayer can submit a binding query before carrying out an operation:

Form: Tax consultation model (available at the AEAT electronic headquarters).
Content: Describe in detail your situation and the operation you are going to do.
Response period: The DGT has 6 months to respond. If you do not respond within 6 months → negative administrative silence (but it still protects you if you act in good faith).
Cost: Free for the taxpayer.

Recommendation: If you are going to do an unusual operation (e.g. liquidate a Maker vault, restaking, receive tokens from a million-dollar airdrop) and there is no prior consultation on that case, consider submitting a consultation.

How to cite queries in your statement

If you use the criterion of a binding DGT consultation in your declaration:

It is not mandatory to cite it in the personal income tax itself (it is a form without space for that).
Yes, it is advisable to have it documented to present it if the AEAT initiates a verification.
If an inspector requires information from you, you can provide it as a basis for your criteria.
Documented good faith (you followed a consultation) eliminates sanctions even if the AEAT disagrees.

Limits on binding queries

They only link to the consultant (who presented the query). But the DGT applies the same criteria to analogous situations.
The DGT may change its criteria: future consultations may alter what was said before. If the criteria change, you cannot be penalized for having applied the old criteria, but you will have to adapt in the future.
They are not legal regulations: if there is a specific regulation, it prevails over the consultation.

Updated: April 2026 | Fiscal year: 2025

Binding consultations from the DGT on crypto: how to use them to your advantage