Subject

Regarding cryptocurrencies or virtual currencies, we can find a legal definition of them in section 5 of article 1 of Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism (BOE of April 29), which provides:

“5. Virtual currency means a digital representation of value that is not issued or guaranteed by a central bank or public authority, not necessarily associated with a legally established currency and that does not have the legal status of currency or money, but which is accepted as a medium of exchange and can be transferred, stored or negotiated electronically ."

Taking into account this definition, virtual currencies ("cryptocurrencies" or "payment tokens") are considered, for tax purposes, as intangible assets , computable in units or fractions of units, which are not legal tender, which can be exchanged for other assets, including other virtual currencies, rights or services, if accepted by the person or entity that transmits the asset or right or provides the service, and which can generally be acquired or transmitted in exchange for legal tender.

Since each virtual currency has its origin in a specific computer protocol, different scope of acceptance, different liquidity, value and denomination, the different virtual currencies are different goods.