The Directorate-General for Taxation, in its ruling V0935-25 of May 27, 2025, adopts a different approach from that of the Court of Justice of the European Union (CJEU)

When real estate is acquired in exchange for cryptocurrencies, the transaction is considered a barter (exchange). The Directorate-General for Taxation does not treat cryptocurrency as a means of payment, but rather as an intangible asset. As a result, the transaction is treated as a barter, and is therefore subject to the Transfer Tax (ITP) and Stamp Duty (AJD), under the category of onerous transfers, twice: once for the transfer of the real estate and once for the transfer of the cryptocurrencies.

This obligation applies provided that the transferor of the cryptocurrencies is not acting as a business or professional in the course of their economic activity and the transaction is not subject to Value Added Tax (VAT), in accordance with Article 7.5 of TRLITPAJD.

The taxable base is determined based on the real value, using the market value of the cryptocurrencies as a reference. However, if the declared value, the price, or the consideration agreed upon by the parties is higher, that higher amount will prevail. As for the applicable tax rate, it will be the one established by the relevant Autonomous Community for real estate, in accordance with Law 22/2009 of December 18.