Crypto and marriages with a spouse abroad: Spanish tax guide

Globalization has normalized marriages between people from different countries, with different tax residences. When one of the spouses has crypto, taxation becomes a puzzle with pieces from various legal systems.

Scenario 1: One spouse in Spain, the other in the EU

Example: María (Spanish, resident in Madrid) is married to Hans (German, resident in Berlin).

Marital economic regime

• It depends on the regime chosen or the one applicable by law.
• In Germany, "Zugewinngemeinschaft" (profit sharing) applies by default.
• In Spain, by default the property partnership applies in most regions.
• They may have chosen separation of assets through marriage agreements.

Maria's crypto

• If María buys Bitcoin during the marriage → potentially marital.
• Hans would be entitled to half in the event of a divorce.
• But Hans pays taxes in Germany, not in Spain → his rights to Bitcoin are German.

Hans's crypto

• Hans buys ETH in Germany. ETH in German wallet.
• María may have rights as marital property → obligation to declare in Form 720 if it exceeds €50,000.

DGT consultation pending: If a Spanish spouse has rights over crypto whose custody is the other spouse abroad, should they declare it on Form 720?

Scenario 2: One spouse in Spain, the other in the US.

Greater complexity: The US has the "worldwide income" system and forces its citizens to declare in the US regardless of where they live.

If the American spouse has Bitcoin:

• You are taxed in the US on your crypto profits (IRS Form 8949, Schedule D).
• You are also taxed in Spain if you have residence here (Spain-US double taxation agreement applies).
• The agreement uses the residence principle for capital gains: they are taxed in the country where you reside.

But the IRS can still claim: American citizenship imposes obligations regardless of residency.

Joint vs. separate declaration in Spain

Joint declaration in personal income tax:

• It only allows including all members of the family unit residing in Spain.
• If the spouse resides abroad → it cannot be included in the Spanish joint declaration.
• Therefore: only individual declaration for the spouse residing in Spain.

Crypto in joint account: the owner's problem

If you both have access to a shared exchange (joint account or simply shared key):

• Exchange owner: only one can be registered (exchanges require individual KYC).
• The tax owner of the assets is the one listed on the exchange.
• The other spouse can claim to be co-owner (according to the marital regime) but whoever appears as the owner is taxed before the AEAT.

Recommendation: Each spouse should have their own accounts and wallets for tax clarity.

Model 720 in mixed marriages

For the spouse residing in Spain:

• Should you declare the crypto assets of your spouse abroad on Form 720 if they are part of the community property?
• Without clear DGT criteria. Conservative position: yes, if you have economic rights over those assets and their value exceeds €50,000.
• If they are separating assets: there is no obligation to declare the assets of the other spouse.

Liquidation of the community property with crypto

In the event of divorce, the liquidation of property includes crypto:

Valuation: at the market price on the date of dissolution of the regime.

Taxation of the award:

• Receiving half of Bitcoin that was communal → is not a general transmission.
• If there is an excess (A receives more than 50% and compensates with money) → fiscal transmission of that excess.

ISD: Is there an implicit donation? Not in the ordinary liquidation of assets: it is the distribution of what already belonged to both.

Crypto transfers between spouses

In a separation of property regime or after divorce, transferring crypto from one spouse to the other is:

• Donation → subject to Inheritance and Donation Tax.
• For the donor: crypto transmission → GPO.
• For the recipient: ISD (with possible bonuses by autonomous community).

Practical tips

1. Sign marriage agreements before or during the marriage, clarifying which crypto belongs to each one.
2. Maintain separate wallets per spouse, with a record of acquisitions.
3. Consult with an international tax advisor if the situation involves two countries.
4. Coordinate the declarations to avoid double taxation on the same assets.

Updated: April 2026 | Fiscal year: 2025