Frequently asked questions (models 172 and 173) (HTML)
Skip information indexFrequently asked questions about model 173
Those required to submit form 173, "Informative declaration on operations with virtual currencies", are those defined in sections 1 and 3 of article 39 ter of the RGAT, that is:
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Persons and entities resident in Spain and permanent establishments in Spanish territory of persons or entities residing abroad, which provide exchange services between virtual currencies and fiduciary currency or between different virtual currencies, mediate in any way in the performance of said operations. or provide services to safeguard private cryptographic keys on behalf of third parties, to maintain, store and transfer virtual currencies. Persons or entities whose activity is limited to advising on virtual currencies, simply contacting parties interested in carrying out operations with virtual currencies or simply responding to collection and payment orders in currency will not be required to submit Form 173. fiduciary of persons or entities that provide exchange services between virtual currencies and fiat currency or between different virtual currencies or services to safeguard private cryptographic keys on behalf of third parties, or their clients.
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Persons and entities resident in Spain and permanent establishments in Spanish territory of persons or entities residing abroad, which make initial offers of new virtual currencies.
However, when the initial offers of new virtual currencies are made through the intermediation of any of the obligated subjects referred to in the previous indent, the annual informative declaration must be made by the latter, regardless of the residence of the person or entity that make the initial offering of new virtual currencies.
An initial offering of new virtual currencies (Initial Coin Offering-ICO) is a financing model to raise funds aimed at the initial growth of a project, which consists of the issuance of new virtual currencies in exchange for other virtual currencies or fiat currency.
Those required to submit form 173, “Informative declaration on operations with virtual currencies” will be required to provide the information contained in Annex II of Order HFP/887/2023, of July 26, which approves model 172 "Informative declaration on balances in virtual currencies" and model 173 "Informative declaration on operations with virtual currencies", and establishes the conditions and procedure for its presentation, in accordance with the provisions in article 39 ter of the RGAT.
Thus, the information to be provided to the Tax Administration will include:
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The identifying data (name and surname or company name or full name, address and tax identification number) of the subjects who carry out the acquisition, transmission, exchange and transfer of virtual currencies or the deliveries of new virtual currencies.
- Regarding each operation or delivery of new virtual currencies:
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Type of operation.
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Operation date.
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The type and number of units of virtual currency acquired, transmitted, exchanged or transferred.
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The value in euros for which the operation is carried out.
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If applicable, the commissions and expenses associated with the operation and that the subject obliged to provide the information will receive.
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In the event that there is consideration and the subject obliged to provide the information is the one who satisfies or receives it, mediates its perception or delivery or has knowledge of it, it will also be reported whether it consists of fiduciary currency, another currency or asset. virtual, in goods or services or in a combination of the above.
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For more details you can consult the following link: Contents of the informative declaration on operations with virtual currencies, model 173 .
By sending messages in XML format, in accordance with the technical specifications contained in Annex II of Order HFP/887/2023, of July 26, approving the model 172 "Informative declaration on balances in virtual currencies" and model 173 "Informative declaration on operations with virtual currencies", and the conditions and procedure for their presentation are established.
No. The information must be provided individually for each operation, identifying them with a different DeclaredRegistrationID.
Thus, for example, if Juan Español Español has carried out two transactions to acquire virtual currencies in the financial year to which the declaration refers, the declarant will provide the information related to the first transaction to acquire virtual currencies with a DeclaredRegisterID X and the information relating to the second acquisition of virtual currencies with a DeclaredRegistrationID Y.
In the DenominaciónMonedaVirtual and SiglasMonedaVirtual fields, the denomination and acronym of the virtual currency to which the declared operation refers, respectively, must be entered, as they appear on the reference cryptographic rating sites, such as CoinMarketCap.
For example:
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DenominationVirtualCurrency: Bitcoin and AcronymVirtualCurrency: BTC.
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DenominationVirtualCurrency: Ethereum and AcronymVirtualCurrency: ETH.
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DenominationVirtualCurrency: Tether USDt and SiglasMonedaVirtual: USDT.
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DenominationVirtualCurrency: BNB and AcronymVirtualCurrency: BNB.
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DenominationVirtualCurrency: XRP and AcronymVirtualCurrency: XRP.
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DenominationVirtualCurrency: USDC and AcronymVirtualCurrency: USDC.
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DenominationVirtualCurrency: Cardano and AcronymVirtualCurrency: ADA.
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DenominationVirtualCurrency: Dogecoin and AcronymVirtualCurrency: DOGE.
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DenominationVirtualCurrency: Solana and AcronymsVirtualCurrency: SUN.
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DenominationVirtualCurrency: TRON and AcronymVirtualCurrency: TRX.
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In OperationType the letter P will be entered.
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In OperationDate the date on which the exchange is carried out will be recorded.
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In VirtualCurrencyDenomination the denomination of the virtual currency delivered in the exchange will be recorded.
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In SiglasMonedaVirtual the initials of the virtual currency delivered in the exchange will be recorded.
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In NumMonedas the number of units of the virtual currency delivered in the exchange will be recorded.
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In Transaction Value the value in euros for which the exchange is carried out will be entered.
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In CommissionsExpenses the commissions and expenses associated with the exchange received by the declarant will be recorded.
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In Consideration an S will be entered if the person obliged to present the declaration satisfies, receives or intermediates or is aware of the consideration. In the event that the person required to submit the declaration does not know the possible consideration for the operation, an N will be entered.
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In TotalConsiderationAmount , if Y has been indicated in the Consideration field, the valuation in euros of the virtual currency received in the exchange will be recorded.
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In Type of consideration an N will be entered.
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ConsiderationAmount will record the valuation in euros of the virtual currency received in the exchange.
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In DenominationConsideration the denomination of the virtual currency received in the exchange will be recorded.
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AcronymsConsideration will contain the acronyms of the virtual currency received in the exchange.
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In NumUnidadesConsideration the number of units of the virtual currency received in the exchange will be recorded.
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In ConsiderationValue the value in euros of the unit of virtual currency received in the exchange will be recorded.
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In OriginValueConsideration the trading platform or price monitoring website will be recorded or, where applicable, the place from which the ValueConsideration has been obtained.
When the operation does not involve consideration in fiduciary currency in its entirety, and, therefore, it is necessary to carry out the valuation of the operation in euros, the quote offered by the main trading platforms or price monitoring websites in the market will be taken. date and time on which the operation was carried out or, failing that, a reasonable estimate of the market value in euros of the virtual currency on the date and time on which the operation was carried out will be provided.
In this regard, in the ValueConsideration field the quote or value used to carry out the valuation in euros of the unit of currency or virtual asset, good or service of which the consideration consists will be indicated and in the OriginValorConsideration field the trading platform will be reported. or price tracking website, or, where applicable, the place from which the Consideration Value has been obtained.
Yes. These operations will be declared as transfers in the “Operation Type” field, indicating the letter R.
When an outbound transfer operation is declared, in the subfield “ OperationValue” the value in euros for which the transfer is made will be entered, with a value less than zero (negative sign).
When an inbound transfer operation is declared, in the subfield “ OperationValue” the value in euros for which the transfer is made will be entered, with a value greater than zero.
The “NumMonedas” and “ExpenseCommissions” fields will be recorded with a value greater than zero, both in outbound and inbound transfers. In the event that there is consideration for the operation and it is known, the fields “TotalAmountConsideration”, “AmporteContraprestación”, “NumUnidadesContraprestación” and “ValorContraprestación” will be recorded with a value greater than zero, both in outbound and inbound transfers.
The presentation of form 173, “Informative declaration on operations with virtual currencies” will be annual and its submission deadline will be the month of January of the year following that to which the declared information corresponds.
For fiscal year 2023, the declaration regarding the obligation to report on operations with virtual currencies (form 173) must be submitted in the month of January 2024, only with respect to of the operations corresponding to fiscal year 2023 carried out since April 25, 2023.