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V0666-25 14 April 2025 · SG de Tributación de las Operaciones Financieras Criterion in force
IRPF · ganancias patrimoniales

Cryptocurrencies not considered actions or shares for residency gain regime

A taxpayer asks whether the residency gain regime can apply to cryptocurrencies after moving to Andorra. The DGT responds that this regime does not apply to virtual currencies as they are not actions or shares of an entity.

The question raised

Whether, as a consequence of the taxpayer's change of residence, the regime provided for in Article 95 bis of the Personal Income Tax Law, relating to capital gains due to change of residence, is applicable to the cryptocurrencies of which they are the owner.

The DGT's ruling

The capital gains regime due to change of residence under Article 95 bis of Law 35/2006 applies to the positive differences between the market value and the acquisition value of shares or holdings of any type of entity. Virtual currencies or cryptocurrencies are not considered shares or holdings of an entity; therefore, their ownership is not included in said regime. For other crypto-assets, it would be necessary to individually analyze their characteristics.

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