Crypto and NGOs in Spain: Tax Guide for Non-Profit Entities and Donors

Bitcoin and cryptocurrencies have become an emerging channel for philanthropic donations. UNICEF has received Bitcoin, The Giving Block facilitates crypto donations to hundreds of American NGOs. In Spain, non-profit entities are beginning to accept crypto. This raises tax-related questions for both the receiving entity and the donor.

Legal Framework: Can Spanish NGOs Accept Crypto?

Yes. There is no Spanish law prohibiting a foundation, association, or NGO from receiving cryptocurrency donations. However, there are considerations:

1. Entity Bylaws: Some bylaws only allow donations in legal tender. If this is the case, a statutory amendment would be required.
2. Anti-Money Laundering: Entities receiving donations are subject to Law 10/2010 on anti-money laundering. For significant crypto donations, they must identify the donor (KYC) and verify the origin of the funds.
3. Corporate Governance: The board of trustees of a foundation should approve the policy for accepting crypto.

Taxation for the Receiving NGO

Crypto Donation Received

• The NGO receives Bitcoin → the market value at the time of receipt is the donation income.
• This income is exempt from IS (Corporate Tax) if the entity is covered by the special regime of Law 49/2002 for non-profit entities.

Subsequent Management of the Crypto

• If the NGO immediately converts to EUR → the difference between the reception value and the converted value may be minimal (±conversion fees).
• If the NGO retains the crypto and its value increases → the gain upon sale could be considered an asset related to its activity and exempt from IS under Law 49/2002.
• If the NGO speculates with the crypto (buy/sell unrelated to its activity) → potential consequences for its special regime.

Recommendation for NGOs: Convert crypto to EUR as soon as possible to avoid speculation risks and simplify accounting.

Accounting for Crypto in the NGO

The General Accounting Plan for Non-Profit Entities (PGCESLF) applies. Crypto received is accounted for as:

• Intangible fixed assets (if retained long-term as part of the patrimony).
• Financial asset at fair value (if used for trading/immediate conversion).

Taxation for the Donor (Individual or Company)

Crypto Donation to an NGO Covered by Law 49/2002

For individual donors:

• Crypto donation is a transfer: GPO for the difference between the acquisition cost of the crypto and the market value at the time of donation.
• Additionally: entitlement to a deduction for donations:
  • 80% of the first €150 of the deduction base.
  • 35% of the amount exceeding €150 (or 40% if donating to the same entity for more than 3 years).

Donation of 1 BTC with a cost of €20,000 and current value of €80,000 to the Red Cross:

• GPO of €60,000 (capital gain) → taxable even though it's a donation.
• Deduction on tax liability: up to 35% of €80,000 = €28,000 deduction.
• The net result can be very favorable: deduction > tax on the GPO.

For Donor Companies (IS)

• Crypto transfer → accounting result (difference between market value and historical cost).
• Deductible donation value if it meets the requirements of Law 49/2002.

Donation Certificate with Crypto

The NGO must issue a donation certificate that includes:

• Donor's identity.
• Donation date.
• Asset description: quantity and type of crypto.
• Value in euros: at the exchange rate on the donation date.
• Reference to the entity's coverage under Law 49/2002 (so the donor can deduct).

NGOs Not Covered by Law 49/2002

Some associations, sports clubs, or other entities are not covered. In this case:

• Donations do not entitle the donor to deductions in their IRPF.
• The donor still has GPO for the donated crypto.
• The receiving entity may have to pay IS on the received donation if not exempt.

Platforms to Facilitate Crypto Donations to NGOs

The Giving Block (International)

Allows hundreds of American NGOs to accept crypto with immediate conversion to USD.

Crypto for Good (Spain)

Emerging projects in Spain to facilitate crypto donations to local entities.

Criteria for Donors

If you donate to an American NGO (e.g., EFF, SENS Research Foundation) via The Giving Block:

• You are not entitled to Spanish deductions (only applies to entities covered by Law 49/2002 or equivalent European law).
• You do have GPO for the donated crypto.

Summary Table

Updated: April 2026 | Fiscal Year: 2025