Last Update: 12.01.2026
Spain has become one of the most attractive jurisdictions within the European Union for blockchain and digital asset companies. A crypto license in Spain allows businesses to operate legally in a regulated European environment while benefiting from strong banking infrastructure, investor confidence, and access to the EU market.
Bergerslegal provides full legal support for obtaining CASP authorization in Spain, guiding crypto companies through regulatory requirements, licensing procedures, and operational setup in compliance with European legislation.
Advantages of a Crypto License in Spain
Spain combines strict regulation with strong institutional support for fintech innovation. Key advantages include:
- EU passporting opportunities
Authorization under MiCA enables crypto companies to expand services across EU member states. - Access to European banking infrastructure
Licensed companies may cooperate with leading Spanish financial institutions such as BBVA, CaixaBank, Banco Sabadell, Cecabank, and Openbank. - Strong legal credibility
Licensing confirms compliance with AML/CFT standards and supervision by national regulators. - Developed blockchain ecosystem
Spain hosts incubators, venture funds, and innovation hubs including Barcelona Tech City and Crypto Valley Spain. - Multiple services under one authorization
A single CASP authorization may cover exchange, custody, transfers, and token-related services depending on activity class. - International business expansion
Spain serves as a gateway to Latin American, African, and Asian markets.
MiCA Regulation in Spain
The Markets in Crypto-Assets Regulation (MiCA) entered into force on 30 December 2024, introducing unified crypto regulation across the European Union.
Spain completed the transition period by 31 December 2025, meaning:
- Companies operating before MiCA could continue temporarily if applying for CASP authorization.
- After the transition period, only companies authorized by the National Securities Market Commission (CNMV) may legally provide crypto services.
- Compliance requirements became significantly stricter.
Main MiCA requirements include:
- minimum capital starting from €60,000 (depending on activity);
- appointment of AML compliance officers;
- establishment of a local office in Spain;
- detailed operational and technical documentation;
- risk management and investor protection procedures;
- disclosure of shareholders and beneficial owners.
The CNMV supervises compliance, while the Bank of Spain may impose sanctions for violations.
Permitted Crypto Activities in Spain
Licensed CASP providers may conduct the following regulated activities:
- crypto-to-fiat exchange services;
- crypto-to-crypto exchange and swaps;
- custody and administration of crypto assets;
- wallet management and private key storage;
- transfers between digital wallets;
- operation of trading platforms;
- investment-related crypto services;
- ICO and token issuance (subject to securities regulation).
Comparison of Crypto Regulation in EU Jurisdictions
Requirements for Obtaining CASP Authorization in Spain
Spanish and EU legislation impose strict requirements on crypto operators. Operating without authorization may result in fines of up to €10 million.
Key requirements include:
Corporate Structure
- Registration of a Spanish legal entity (typically Sociedad Limitada — SL).
- Registration in the Commercial Register.
- Tax identification number (NIF).
Physical Presence
- Confirmed local office (owned or rented).
Management and Reputation
- Verified professional background of directors and shareholders.
- Appointment of a qualified AML officer.
Compliance Framework
- Full AML/CFT procedures aligned with EU directives.
- Risk management and cybersecurity policies.
Documentation
- Detailed business plan.
- Operational model and revenue sources.
- Technical infrastructure description.
Capital Requirements
- Initial capital depending on activity class:
- approx. €50,000 — payment-related services;
- up to €150,000 — trading platform operations.
Step-by-Step Process for Obtaining a Crypto License in Spain
Step 1 — Company Incorporation
- Register an SL company in the Commercial Register.
- Obtain NIF tax number.
Step 2 — Preparation of Documentation
- AML/KYC policies.
- Business plan and operational structure.
- Shareholder and director identification.
- Office confirmation.
Step 3 — Capital Deposit
- Deposit required capital into a corporate bank account.
- Confirm lawful origin of funds.
Step 4 — Application Submission
- Application submitted to the CNMV during the MiCA regime.
Review timeline:
- 25 working days — completeness check;
- up to 40 additional days — substantive assessment.
Required Documents
Applicants must submit:
- official application form;
- incorporation documents;
- shareholder and beneficiary information (10%+ ownership);
- criminal record certificates and CVs of key persons;
- detailed business plan;
- AML/KYC and risk management policies;
- technical and cybersecurity documentation;
- proof of capital origin;
- agreements with banking and technology providers.
Cryptocurrency Regulation in Spain
Cryptocurrency regulation is based on national and EU legislation.
Key principles:
- Only the euro is legal tender.
- Crypto assets are treated as digital value representations.
- Mining is considered a commercial activity.
- Virtual assets must be declared to tax authorities.
- Crypto cannot be used for tax payments or government settlements.
Main regulatory acts include:
- Law 10/2010 on AML prevention;
- Securities Markets Law (Law 6/2023);
- Royal Decree 249/2023 (crypto reporting);
- Anti-tax fraud legislation;
- MiCA Regulation;
- EU AML directives and transfer-of-funds regulations.
Taxation of Crypto Companies in Spain
Spain applies standard taxation rules to crypto activities.
Corporate Taxation
- Corporate income tax: 25%
- VAT: 21% (crypto exchange services generally exempt)
Capital Gains (Individuals – IRPF)
- 19% — up to €6,000
- 21% — €6,001–€50,000
- 23% — above €50,000
Reporting Obligations
Companies must submit:
- annual financial statements;
- Form 198 (crypto transaction reporting);
- beneficiary declarations;
- suspicious transaction reports when required;
- quarterly mining reports (if applicable).
Individuals holding more than €50,000 in crypto assets abroad must file Form 721.
Penalties for non-compliance may reach €10,000 or more.
Conclusion
A crypto license in Spain provides companies with access to one of the most developed fintech environments in Europe while ensuring legal certainty under the MiCA regulatory framework. Spain combines regulatory clarity, banking accessibility, and strong investor confidence, making it an excellent jurisdiction for scaling crypto operations across the European Union.
