Journal · Tax Planning · International Investors
Exit Tax in Spain 2026: Leaving Spain With Crypto and Company Shares
What happens when a crypto investor or founder stops being tax resident in Spain: who is caught by the exit tax, why crypto held personally is generally outside it, the last year of residence, moves to tax havens, Spanish property you keep, and how to plan the departure.
Quick answer
Spain’s exit tax taxes unrealised gains on shares and fund units worth over €4 million, or stakes over 25% in entities worth over €1 million, when a long-term resident leaves. Crypto held personally is generally outside it. Spanish property kept after leaving remains taxable, and selling it involves a notary, compliance checks and crypto-to-fiat rules.
Why Departures From Spain Are Rising Among Crypto Investors
Spain taxes residents on worldwide crypto gains at up to 30%, levies an annual wealth tax in most regions and applies a state Solidarity Tax to the largest fortunes. For crypto investors and founders whose wealth has grown significantly, these costs have made relocation a recurring question, with Portugal, the United Arab Emirates, Andorra and Switzerland among the destinations most often considered. Vicox Legal advises crypto investors, HNWIs and founders on tax and wealth structuring in Spain and Portugal, including the acquisition and sale of real estate with digital assets.
Leaving Spain is not a single event. It involves proving the loss of residence, possibly paying an exit tax on company shares, filing a last year of residence on worldwide income, and continuing to pay Spanish tax on property and other Spanish assets kept after departure. Crypto adds its own questions, because the exit tax was designed for shares and fund units, not digital assets.
This guide explains who is caught by the exit tax, how crypto is treated, how residence is lost, the special rules for EU moves, temporary moves and tax havens, what Spain continues to tax after departure, and how the main destinations compare.
Legal Framework of the Spanish Exit Tax
The Spanish exit tax is defined as the taxation of latent gains on certain shareholdings when a taxpayer ceases to be resident in Spain. It is regulated in Article 95 bis of the Personal Income Tax Law (Ley 35/2006).
Article 95 bis LIRPF
Article 95 bis treats the taxpayer as having realised the gain on qualifying shares and fund units at their market value on the last day of residence. The gain is included in the savings base of the last tax year in which the taxpayer is resident and taxed at rates from 19% to 30%.
Law 11/2021 and the EU framework
Law 11/2021 on tax fraud prevention adapted the exit tax to the EU Anti-Tax Avoidance Directive, including the treatment of moves to other EU and EEA states. It also tightened the rules on Spanish nationals who move to non-cooperative jurisdictions.
Residence rules
Article 9 of the Personal Income Tax Law defines residence by days spent in Spain, the centre of economic interests and the family presumption. Article 8 extends taxpayer status for Spanish nationals who move to tax havens. Double taxation treaties resolve cases where two countries claim residence.
DGT doctrine on crypto
The Dirección General de Tributos has stated that bitcoin is not a share or participation in an entity, so the exit tax rules do not apply to crypto held directly. Crypto held through companies or funds is a different matter.
AML and property transactions
When departing investors sell Spanish property or convert crypto to settle tax, Ley 10/2010 on anti-money laundering applies, and notaries and banks verify the origin of funds under SEPBLAC supervision.
Who Is Caught by the Spanish Exit Tax
Liability to the exit tax is defined by three cumulative conditions: loss of Spanish tax residence, a long period of prior residence, and holdings above a threshold.
| Condition | Rule |
|---|---|
| Loss of residence | The taxpayer ceases to be Spanish tax resident by moving abroad |
| Prior residence | Resident in Spain for at least 10 of the previous 15 tax years; for former Beckham taxpayers, the count starts after the regime ends |
| Assets covered | Shares and participations in entities, and units in collective investment schemes |
| Threshold | Total market value above €4 million, or more than 25% of an entity whose shares are worth over €1 million |
| Taxable gain | Market value on the last day of residence minus acquisition cost |
| Tax | Savings base of the last year of residence, 19% to 30% |
Most departing residents with pensions, property and ordinary portfolios below the threshold are not affected. Founders with valuable company shares, investors with large fund portfolios and holders of crypto through companies are those most exposed.
Crypto and the Spanish Exit Tax
The treatment of crypto under the exit tax is defined by the form in which it is held.
| How crypto is held | Exit tax? | Comment |
|---|---|---|
| Directly, on exchanges or in self-custody | Generally no | Bitcoin is not a share or participation, according to the DGT |
| Through a company holding crypto | Possibly | The company shares count toward the threshold |
| Through crypto funds or other collective investment schemes | Possibly | Fund units count toward the threshold |
| Founder shares in a crypto company | Possibly | Shares and stakes over 25% count toward the thresholds |
| Tokens representing equity | Requires analysis | Depends on whether they confer rights equivalent to shares |
Even when the exit tax does not apply, crypto sold during the last year of residence is taxed in Spain at 19% to 30%, because a resident is taxed on worldwide gains for the whole year. Our guide to crypto tax in Spain explains how gains are calculated, and our Modelo 721 guide covers reporting of crypto held abroad in that final year.
Planning note. The timing of crypto disposals relative to the date residence ends can change who taxes the gain. Spain does not split the tax year: if you are resident in a year, you are taxed on that year’s worldwide income. Vicox Legal’s crypto tax practice for HNWIs models the departure year before any move.
Losing Spanish Tax Residence
Losing Spanish tax residence is defined as ceasing to meet all the residence criteria in a calendar year. Spain has no split-year rule in domestic law, so residence is determined for the year as a whole.
- 183 days. Spending more than 183 days in Spain in the calendar year makes you resident. Sporadic absences count as days in Spain unless you prove tax residence in another country.
- Centre of economic interests. If your main activities or economic interests are in Spain, you remain resident even with fewer days.
- Family presumption. You are presumed resident if your spouse and dependent minor children live habitually in Spain, unless you prove otherwise.
- Certificate of residence. A tax residence certificate from the new country is the key evidence, and a double taxation treaty can resolve dual residence.
In practice, a departure planned for mid-year often means remaining Spanish resident for that whole year. Investors who are under the Beckham regime should also review its end, as explained in our guide to the Beckham Law for crypto investors.
Step-by-Step Departure Plan
A departure from Spain involves seven steps, ideally starting a year before the move.
- Wallet and asset inventory — List crypto on exchanges and in self-custody, company shares, fund units, Spanish property and accounts, with acquisition costs and current values.
- Exit tax test — Count your years of residence in the last 15 and value your shares and fund units to see whether the €4 million or 25% and €1 million thresholds are met.
- Destination analysis — Compare the tax rules of the destination on crypto, wealth and residence, and check whether it is an EU or EEA state, has a treaty with Spain or is on Spain’s list of non-cooperative jurisdictions.
- Timing of disposals and conversion — Decide which crypto disposals, crypto-to-fiat conversions and restructurings should take place before or after the year residence ends.
- Breaking residence — Move your home, family and economic interests, obtain a tax residence certificate in the new country and file the change of address with the Spanish tax authority.
- Last-year returns — File the income tax return for the last year of residence, including any exit tax, and the wealth tax and Modelo 721 returns if they apply.
- Ongoing non-resident compliance — File non-resident income tax for Spanish property or income, and wealth tax on Spanish assets if applicable.
EU Moves, Temporary Moves and Returning to Spain
The exit tax distinguishes between destinations and between permanent and temporary departures.
| Situation | General treatment |
|---|---|
| Move to an EU or EEA state with effective exchange of information | Special rules allow payment to be deferred or spread, subject to conditions and ongoing reporting |
| Temporary move for work to a treaty country that is not a tax haven | Payment can be deferred, generally with a guarantee and conditions on the length of the stay |
| Return to Spain without having sold the shares | The taxpayer may request a refund of the exit tax paid |
| Move to a non-EU country | The exit tax is generally due in the last year of residence |
The conditions attached to deferral, including information obligations and events that make the tax payable, should be reviewed before choosing a destination. Investors considering Portugal can read our guide to moving to Portugal in 2026.
Moving to a Tax Haven: the Five-Year Rule
Spanish nationals who move their tax residence to a country or territory classified as a non-cooperative jurisdiction remain Spanish taxpayers in the year of the move and the following four years, for five tax periods in total.
- Who is affected. Spanish nationals, not foreign nationals who leave Spain.
- Which destinations. Those on Spain’s official list of non-cooperative jurisdictions. Not every low-tax country is on the list; it should be checked at the time of the move.
- Consequence. During those years, worldwide income remains taxable in Spain as if the taxpayer had not left.
For foreign nationals and for moves to countries not on the list, this rule does not apply, but the general residence tests still do.
What Spain Still Taxes After You Leave
Ceasing to be resident does not end all Spanish taxation. As a non-resident, Spain taxes income and assets connected with Spain.
| Item | Spanish tax after departure |
|---|---|
| Spanish property, not rented | Non-resident income tax on imputed income; wealth tax on Spanish assets where applicable; local IBI |
| Spanish property, rented | Non-resident income tax on rental income |
| Sale of Spanish property | 19% on the gain, 3% withholding by the buyer, municipal capital gains tax |
| Crypto held with foreign custodians | Generally not taxed in Spain |
| Crypto held with a Spanish custodian | May be considered located in Spain |
| Spanish company shares | Depends on the applicable treaty |
Departing owners who sell their Spanish property, including to buyers paying with crypto, should plan the 3% withholding, the municipal tax and the timing of the sale relative to the year residence ends. Those who keep it should factor in wealth tax on Spanish assets, explained in our guide to wealth tax in Spain.
Comparing Destinations for Crypto Investors
The choice of destination shapes both the Spanish departure and the future tax position. The table gives a general comparison; each country’s rules should be confirmed with local advisers.
| Destination | Crypto gains for residents | Exit tax treatment from Spain | Points to consider |
|---|---|---|---|
| Portugal | 28% under 365 days; generally excluded after, with exceptions | EU move rules apply | No general wealth tax; IFICI for qualifying activities |
| United Arab Emirates | No personal income tax | Non-EU move; check Spain’s non-cooperative list at the time | Substance and genuine residence are essential |
| Andorra | Personal income tax capped at 10% | Non-EU move; check treaty and list status | Residence requirements and investment conditions |
| Switzerland | Private capital gains on movable assets generally exempt | EEA-related rules do not apply as for EU states; check treaty | Cantonal wealth tax applies |
For founders after a liquidity event, the choice between staying with a structure or leaving is analysed in our guide to post-crypto exit real estate and wealth structuring in Spain, and holding options in our analysis of Luxembourg wealth structuring. Those who plan to buy elsewhere in Iberia can read our guide to buying property in Portugal with crypto. Vicox Legal’s private wealth practice coordinates the departure, and our team manages property transactions for clients who buy real estate with crypto in Spain and Portugal.
Why Spain Is a Leading Jurisdiction for Crypto Real Estate Transactions
Even for investors who leave, Spain remains a jurisdiction where property is held with exceptional legal certainty, which is why many keep Spanish real estate after departure.
- A reliable Land Registry. The Registro de la Propiedad protects registered titles against third parties, so Spanish property held from abroad remains secure.
- Ex ante legal control by notaries. Under the Latin notarial system, the notary verifies legality, identity and means of payment before signing, preventing defects rather than litigating them later.
- Robust AML implementation. Ley 10/2010, SEPBLAC supervision and the notarial centralised AML body create predictable requirements for buyers and sellers with documented funds.
- Open to non-residents. Non-residents and non-EU nationals can own, rent and sell Spanish property with an NIE.
- Legal certainty and enforceability. Notarial deeds are directly enforceable instruments, and registered titles are presumed valid.
- Regulated conversion infrastructure. With MiCA authorisation now required, crypto can be converted to euros through providers supervised in the EU.
- Comparative position. Compared with jurisdictions with less developed registries, Spain offers non-resident owners more certainty over their property.
Vicox Legal manages the full process for clients who buy real estate with crypto in Spain and Portugal, whether they are residents, newcomers or leaving.
Departure Checklist for Crypto Investors Leaving Spain
- Count your years of Spanish residence in the last 15, excluding Beckham years.
- Value your company shares and fund units against the €4 million and 25% and €1 million thresholds.
- Identify any crypto held through companies or funds, which can fall within the exit tax.
- Check whether your destination is in the EU or EEA, has a treaty with Spain or is on the non-cooperative list.
- Plan the year in which residence will end, remembering there is no split year.
- Decide which crypto disposals and conversions to make before or after that year.
- Obtain a tax residence certificate in your new country.
- File the change of address with the Spanish tax authority.
- File the last-year income tax return, including any exit tax.
- File wealth tax and Modelo 721 returns for the last year if they apply.
- Decide whether to keep, rent or sell your Spanish property and plan its taxation.
- Keep records of your departure in case your residence is reviewed.
Frequently Asked Questions
Does Spain have an exit tax on crypto?
Not on crypto held directly. Spain’s exit tax under Article 95 bis of the Personal Income Tax Law applies to shares, participations and fund units, and the Dirección General de Tributos has stated that bitcoin is not a share or participation. However, crypto held through a company or fund can be caught through the shares or units. And crypto sold in the last year of residence is taxed in Spain at 19% to 30% as an ordinary gain.
Who has to pay exit tax when leaving Spain?
Taxpayers who stop being Spanish tax resident after being resident for at least 10 of the previous 15 years, and who hold shares or fund units worth more than €4 million in total, or more than 25% of an entity whose shares are worth over €1 million. The latent gain is taxed in the last year of residence at 19% to 30%. For former Beckham taxpayers, the residence count starts after the regime ends.
What happens if I move from Spain to Portugal or another EU country?
For moves to EU or EEA states with effective exchange of information, special rules allow the exit tax on qualifying shares to be deferred or spread, subject to conditions and ongoing reporting. Crypto held directly is generally outside the exit tax in any case. Portugal taxes residents’ crypto gains at 28% when held for less than 365 days and generally excludes longer holdings, with exceptions, and has no general wealth tax.
Do I stop being a Spanish tax resident as soon as I leave?
Not necessarily. Spain determines residence for the whole calendar year and has no domestic split-year rule. If you spend more than 183 days in Spain, keep your centre of economic interests there or your spouse and minor children remain, you may be resident for the entire year. Sporadic absences count as days in Spain unless you prove residence elsewhere. A tax residence certificate from the new country and treaty rules are key evidence.
What is the five-year rule for moving to a tax haven?
Spanish nationals who move their tax residence to a country or territory on Spain’s list of non-cooperative jurisdictions remain Spanish taxpayers in the year of the move and the following four years. During that period, their worldwide income remains taxable in Spain. The rule does not apply to foreign nationals or to destinations not on the list, which should be checked at the time of the move.
Do I still pay tax in Spain on property I keep after leaving?
Yes. As a non-resident, you pay non-resident income tax on rental income or, if the property is not rented, on imputed income, plus local IBI and wealth tax on Spanish assets where applicable. If you sell, the gain is taxed at 19%, the buyer withholds 3% of the price, and municipal capital gains tax applies. Crypto held with foreign custodians is generally not taxed in Spain after departure.
Leaving Spain With Crypto or Company Shares? Plan the Departure Year
Vicox Legal tests your exit tax exposure, plans the timing of crypto disposals and manages the sale or purchase of property in Spain and Portugal with digital assets, from origin-of-funds documentation to Land Registry inscription.
