BTC $67,761.00 (+1.29%)
ETH $1,968.11 (+1.45%)
XRP $1.43 (+1.02%)
BNB $625.68 (+3.32%)
SOL $84.92 (+3.58%)
TRX $0.28 (+0.37%)
DOGE $0.10 (+2.93%)
BCH $563.58 (+0.63%)
ADA $0.28 (+3.60%)
LEO $8.69 (+0.17%)
HYPE $30.02 (+4.47%)
LINK $8.88 (+4.31%)
CC $0.16 (+3.47%)
XMR $332.74 (-0.02%)
XLM $0.16 (+1.44%)
RAIN $0.01 (-2.12%)
HBAR $0.10 (+2.09%)
ZEC $258.39 (-1.48%)
LTC $55.17 (+4.85%)
AVAX $9.12 (+2.64%)

Germany vs Spain

Crypto regulation comparison

← Back to map | Germany | Spain
Germany

Germany

Spain

Spain

Legal
Legal

Germany has one of the most well-defined crypto regulatory environments in Europe. BaFin has regulated crypto custody as a financial service since 2020. Notably, crypto held for over one year by individuals is completely tax-free, making Germany one of the most favorable jurisdictions for long-term holders.

Cryptocurrency is legal and increasingly regulated in Spain. Crypto capital gains are taxed at progressive savings tax rates (19-28%). Spain was an early mover in requiring crypto advertising to be pre-approved by the CNMV. Since 2024, Spanish taxpayers must report overseas crypto holdings via the Modelo 721 form. Banco de España registers VASPs for AML compliance. MiCA applies from December 2024.

Tax Type Capital gains
Tax Type Capital gains
Tax Rate 0-45%
Tax Rate 19-28%
Exchanges Yes Yes
Exchanges Yes Yes
Mining Yes Yes
Mining Yes Yes
Regulator BaFin (Bundesanstalt für Finanzdienstleistungsaufsicht)
Regulator CNMV (Comisión Nacional del Mercado de Valores), Banco de España
Stablecoin Rules Regulated under MiCA; BaFin already licensed crypto custody under existing German law since 2020
Stablecoin Rules Regulated under EU MiCA framework
Key Points
  • Crypto held for more than 1 year is completely tax-free for individuals
  • Short-term gains (under 1 year) taxed as income at up to 45% plus solidarity surcharge
  • Annual exemption of €1,000 for short-term crypto gains (since 2024, previously €600)
  • BaFin licenses crypto custody businesses under the KWG (German Banking Act) since January 2020
  • MiCA framework applicable from December 2024, complementing existing German regulation
Key Points
  • Crypto gains taxed at savings rates: 19% (first €6,000), 21%, 23%, 27%, 28% (above €300,000)
  • Modelo 721: mandatory declaration of overseas crypto holdings exceeding €50,000 (from 2024)
  • CNMV requires pre-approval of crypto advertising targeting Spanish residents
  • Banco de España maintains VASP registry for AML compliance
  • Spain has a large crypto-using population; significant expat and digital nomad community
Sources
Sources