DAC8 Reporting in Spain: Practical Guide

Spain has taken a proactive approach to crypto-asset regulation and taxation, having introduced specific reporting obligations for crypto-asset holders and service providers ahead of many other EU Member States. The Agencia Estatal de Administracion Tributaria (AEAT) is expected to be at the centre of DAC8 implementation in Spain. This guide provides practical information for reporting entities operating in the Spanish market.

National Authority

The Agencia Estatal de Administracion Tributaria (AEAT), commonly known as Agencia Tributaria, is the competent authority responsible for tax administration in Spain, including international information exchange. The AEAT already administers CRS and FATCA reporting and has developed specific crypto-asset reporting forms (Modelo 172 and Modelo 173). DAC8 reporting is expected to be managed within this existing framework.

Submission Requirements

Spain has invested in digital tax administration, and DAC8 submissions are expected to be handled through the AEAT's electronic systems.

• Format: Reports should follow the OECD CARF XML schema as required by DAC8. The AEAT may publish specific technical guidance and validation rules for submissions.
• Language: Official tax filings in Spain are generally required in Spanish (Castilian). Certain autonomous communities with co-official languages may have additional considerations, though DAC8 reporting is likely to be centralised through the AEAT in Spanish.
• Submission portal: The AEAT's Sede Electronica (electronic office) is the primary platform for tax filings. DAC8 reporting may be integrated into this portal or handled through a specific modelo (form) dedicated to crypto-asset information exchange.
• Digital certificate: Reporting entities typically need a certificado digital (digital certificate) to interact with the AEAT's electronic systems. This requirement is expected to apply to DAC8 submissions as well.

Transposition Status

Spain must transpose the DAC8 directive into national law by December 31, 2025. The Ministry of Finance (Ministerio de Hacienda) is responsible for the legislative process. Spain has already demonstrated significant interest in crypto-asset reporting through its domestic Modelo 172 (balance of crypto-assets) and Modelo 173 (crypto-asset transactions) requirements, which may facilitate a smooth transposition of DAC8.

Local Variations

Spain may go beyond the minimum DAC8 requirements in several areas:

• Existing domestic reporting: Spain already requires detailed crypto-asset reporting through Modelos 172 and 173. DAC8 obligations may be integrated with or supplement these existing requirements.
• Modelo 721: Spain requires reporting of crypto-assets held abroad through Modelo 721. DAC8 data may be cross-referenced with these declarations.
• Anti-fraud measures: Spain's Ley Antifraude includes provisions related to crypto-assets. DAC8 implementation may be coordinated with these broader anti-fraud objectives.
• Penalty framework: Spain typically imposes significant penalties for non-compliance with tax reporting obligations. The transposing legislation should specify the penalty regime for DAC8 non-compliance.

Key Dates

• Transposition deadline: December 31, 2025 (directive must be incorporated into Spanish law)
• Data collection begins: January 1, 2026 (reporting entities should begin collecting relevant information)
• First reporting period: Calendar year 2026
• First reports due: 2027 (exact date to be confirmed by the AEAT; may align with existing Modelo submission deadlines)

Practical Tips

• Obtain a digital certificate early: If you do not already have a certificado digital, apply for one well in advance, as the process can take time.
• Align DAC8 with Modelo 172/173 processes: If your entity already files Modelos 172 and 173, coordinate your DAC8 reporting processes to ensure data consistency and reduce duplication of effort.
• Monitor the BOE: The Boletin Oficial del Estado (BOE) publishes all official legislation. Watch for the transposing law and any implementing orders.
• Check AEAT technical documentation: The AEAT typically publishes detailed technical specifications for electronic submissions. Review these carefully when they become available.
• Maintain comprehensive records: Spanish tax authorities may conduct detailed audits. Keep thorough documentation of all data collection, due diligence, and reporting processes.
• Consider regional tax implications: While DAC8 reporting is centralised through the AEAT, be aware of how reported data may interact with regional tax obligations in autonomous communities.

Important Notice

This guide provides general information about DAC8 reporting in Spain. Requirements may change as the directive is transposed into national law. The information presented here should not be considered definitive legal or tax advice. Always consult the Agencia Estatal de Administracion Tributaria (AEAT) and the Ministry of Finance for the latest official requirements. For specific compliance questions, seek advice from qualified Spanish tax professionals (asesores fiscales).