NFTs and taxation in Spain: complete guide 2025

NFTs explore a fiscal gray area that the AEAT is beginning to clarify. Although there is no specific legislation, the general criterion is to treat NFTs as digital assets subject to the general personal income tax regime.

What is an NFT for tax purposes?

An NFT (Non-Fungible Token) is a unique token on the blockchain that represents ownership of a digital asset. Fiscally, the AEAT treats them as cryptoactives, applying the same rules as Bitcoin or Ethereum regarding transmissions.

Buying an NFT

The purchase of an NFT is not taxed in itself. However, if you buy it with ETH (or another crypto):

• The transmission of ETH to pay for the NFT does generate a taxable event.
• If ETH had risen since your purchase, you have capital gain on the difference.

The cost of acquiring the NFT is set at the value in euros at the time of purchase.

Sale of an NFT

When selling an NFT:

• Profit = Sale price - Purchase price
• If you sell for ETH, the value is the market price of ETH received at the time of sale.
• The gain is taxed on the savings basis (19-28%).

Creation and sale of NFTs as a creator

If you are an artist or creator and mint and sell your own NFTs:

• Income is considered income from economic activities or, if there is no regularity, income from work or capital.
• If the creation of NFTs is your usual activity, you must register as a freelancer.
• Creation expenses (software, tools, gas fees) are deductible.

NFT Royalties

Many collections pay automatic royalties to the creator each time the NFT is resold on the secondary market (2.5% - 10% is typical):

• Royalties are income from movable capital or from economic activity, depending on the context.
• They are taxed upon receipt, valued in euros.

Gas fees: are they deductible?

Gas fees paid to buy, sell or transfer NFTs:

• If they are part of the purchase operation: they are added to the acquisition cost.
• If they are part of the sale: they reduce the sale price (and therefore the profit).
• In general, the criterion is to treat them as part of the cost of the operation.

Losses in NFTs: compensable?

Yes. If you sell an NFT for less than what you paid:

• The capital loss is offset by profits from the same year (savings basis).
• If there are uncompensated losses, they can be carried over to the next 4 years.

Caution: Losses derived from NFTs that become illiquid (without a market) are difficult to materialize fiscally, since you need an effective transmission.

NFTs in Model 720

If you have NFTs held in foreign exchanges and their value exceeds €50,000, it could be mandatory to declare them in Form 720. The regulation at this point is still ambiguous, but the prudent criterion is to include them.

Summary table

Updated: April 2026 | Fiscal year: 2025