The answer is No. As a private user who buys, sells, or exchanges crypto-assets through Bit2Me, you do not have to file forms 172 or 175 with the Spanish Tax Agency (Hacienda).
These forms are informational and are designed to be filed by certain entities and legal persons, such as Crypto-asset Service Providers.
Who is obligated to file forms 172 and 175?
The obligation to file these forms falls upon Crypto-asset Service Providers, as well as **individuals and entities resident in Spain and permanent establishments in Spanish territory** of individuals or entities resident abroad, provided they meet certain criteria.
Below, the type of activity that generates this obligation is detailed, for informational purposes:
Form 172 (Crypto-asset balances)
- **Crypto-asset Service Providers**.
- Those who provide services for safeguarding private cryptographic keys on behalf of third parties as their main activity or in connection with another activity (i.e., crypto-asset custody services).
Form 175 (Client crypto-asset operations)
- **Crypto-asset Service Providers**.
- Those who provide services for safeguarding private cryptographic keys on behalf of third parties as their main activity or in connection with another activity (for maintaining, storing, and transferring crypto-assets).
- Those who provide services for exchanging between crypto-assets and fiat currency or between crypto-assets.
- Those who **intermediate** in operations in any way.
- Issuers of ICOs (Initial Coin Offerings).
- Launchpads.
- Even if you are not required to file these forms, remember that the Income Tax Return (Form 100) is the mandatory way to declare your capital gains or losses derived from buying, selling, or exchanging crypto-assets. See article Do I need to declare sales operations I perform on Bit2Me to the Spanish Tax Agency?
- **Form 175** replaces the old **Form 173** (Operations with virtual currencies), which is now **repealed**. Operations for **fiscal year 2025** are still reported using forms 172 and 173; starting from **fiscal year 2026**, they will be reported using form 175.
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