Treasury requirements for cryptocurrencies: what to do if you receive one
Since 2021, the AEAT crosses exchange data with the personal income tax returns submitted. If there are discrepancies, send requests. This guide explains what to do step by step.
How does the Treasury obtain information about my cryptocurrencies?
The AEAT has several sources of information:
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Forms 172 and 173: Exchanges based in Spain (or with reporting obligations here) must report the operations of their Spanish clients. From 2023, this includes annual balances and operations.
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DAC8: The European directive obliges European exchanges to exchange information on taxpayers from other member states from 2026.
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Binance, Coinbase, Kraken: They have responded to judicial requests from the AEAT.
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Blockchain analytics: The AEAT collaborates with blockchain analysis companies that can track wallets.
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Taxpayer's own data: If you made deposits into a Spanish bank account from exchanges, the bank reports it.
Types of Treasury communications
Not all communications are the same:
| Type | Gravity | Description |
|---|---|---|
| Liquidation proposal | High | The Treasury already has a calculation and wants you to pay |
| Information request | Medium | They ask you to explain or provide documentation |
| Prior notice | Low | They suggest that you review and present complementary |
What to do if you receive a request
Step 1: Don't ignore it
The response time is usually 10 business days (extendable to 20 if you request an extension before the expiration date). Ignoring a requirement aggravates the sanctions.
Step 2: Read in detail
What fiscal period does it affect? What year? What information exactly do they ask for?
Step 3: Collect documentation
- Histories of all your exchanges (CSVs).
- Bank statements of crypto-related income/outflows.
- Own wallet records.
- Proof of historical prices.
Step 4: Calculate your true situation
If you did not declare, calculate what you should have declared with the FIFO method. In many cases, the real profit is less than what the Treasury calculates (because they do not have the acquisition costs).
Step 5: Submit supplemental statement or respond
If you did not declare and the Treasury has not yet initiated a sanctioning procedure, you can present a spontaneous complementary declaration before you receive the settlement. This reduces the penalties significantly:
- Surcharge for spontaneous presentation: 5-20% depending on the delay.
- No additional penalty (the normal penalty is 50-150% of the fee).
Step 6: Appeal if the calculation is incorrect
If the Treasury applies zero acquisition cost (because they do not have data on your purchases), you have the right to provide evidence of the purchase price and appeal the settlement.
Usual sanctions
| Violation | Sanction |
|---|---|
| Failure to declare profits (serious violation) | 50% of the fee not paid |
| Incomplete declaration | 15% of the difference |
| Spontaneous extemporaneous presentation | 5-20% (depending on months of delay) |
| Model 721 not presented | €250 per data (with limits) |
Do I need an advisor?
If the amount is greater than €3,000, yes. A tax advisor specialized in cryptocurrencies can:
- Reduce the tax base by providing correct acquisition prices.
- Allege extenuating circumstances.
- Appeal the liquidation through economic-administrative means (without court costs).
declaracrypto.es generates the complete FIFO report with all operations, ready to present to the AEAT as supporting documentation.
Updated: April 2026 | Fiscal year: 2025