- Spanish authorities taxed a DeFi collateral deposit as if it were a profit event.
- Appeals at TEAC lack independence, forcing taxpayers to pay before a fair review.
- Spain’s crypto stance contrasts with EU peers, deepening legal and economic risk.
A recent case in Spain has sent shockwaves through the crypto community, exposing just how unclear digital asset taxation could be. A local trader has been charged €9 million for a transaction that generated no profit. This crypto tax confusion stems from Spain’s lack of clear legislation on decentralized finance (DeFi) operations and technical token transfers.
€9M Penalty on a Collateralized DeFi Transaction
According to the Spanish Tax Agency (AEAT), a non-profit transaction is considered a capital gains event. Reportedly, the trader had deposited digital tokens into a DeFi protocol as loan collateral without selling or profiting from them, and it was ruled as taxable by the AEAT, thus imposing a €9 million charge three years later.
This event involved no economic gain or change in ownership, yet it triggered enforcement. According to tax laws, capital gains require a real benefit and a net worth variation. The AEAT treated a stablecoin loan and collateral deposit as taxable.
The trader had already paid €5 million in crypto tax on earlier operations. Nevertheless, authorities applied another €9 million in penalties based on a technical asset shift. Legal experts argue the move contradicts both Spanish and European tax rules.
TEAC Structure Raises Fairness Concerns
Such decisions are appealed against the Central Economic and Administrative Court (TEAC), which operates in the Ministry of Finance and is not structurally independent of tax collection agencies. Appeal officials are appointed by the same authority whose decisions are under attack.
Such a system of administration compromises the fairness and transparency of tax disputes. Taxpayers have the right to appeal, but they must pay or provide security for the whole assessed amount. Otherwise, AEAT will be able to seize accounts, freeze assets, or issue digital enforcement with no judicial control.
These enforcement measures take effect before the taxpayer’s case is examined. Appeals at TEAC often extend for years, during which individuals lose access to funds. Even if the final decision favors the taxpayer, the economic damage can already be permanent.
Related: SEC Sues Unicoin Over $100M Crypto Fraud and Fake Claims
Spain’s Legal Framework Faces European Scrutiny
The European Commission has expressed concerns regarding the crypto taxation system in Spain, unlike Germany and France, where appeals can withhold execution. However, Spain continues to impose aggressive measures on digital asset users, treating DEFi protocols as taxable events.
This has raised concerns about whether operations as such could bring in unjust taxation. Some have been granted exemptions under the Beckham Law, whereas others experience unfair application. The absence of standardized norms has left Spain’s taxation of crypto both unpredictable and hostile. Apart from taxation, the issue has raised flags over legal protection, judicial independence, and institutional trust, and without a proper reform, Spain’s crypto condition could be suppressed.
