EU Directive 2023/2226 (DAC8): Crypto-Asset Reporting for Tax Advisors
Directive (EU) 2023/2226, known as DAC8, amends the DAC (2011/16/EU) framework to make Crypto-Asset Service Providers (CASPs) — exchanges, custodial wallets, brokers — report their users’ crypto transactions to national tax authorities. EU member states must transpose it into national law by 31 December 2025, with reporting starting in 2026 and automatic exchange of information between EU tax authorities from 2027. At the time of writing, Spain’s national transposition was still going through parliamentary/administrative procedure — the final implementing text had not yet been published, so gestorías should treat specific procedural details as provisional until the definitive BOE text is confirmed.
How IgeraGestories automatically resolves Directiva DAC8 — criptoactius queries
Scope of reporting entities (CASPs)
Directive (EU) 2023/2226, amending Art. 8ad of Directive 2011/16/EU (DAC)
Crypto-Asset Service Providers — exchanges, custodial wallet providers and brokers — with a reportable connection to the EU must register and report user transaction data to their national tax authority. This extends the DAC automatic-exchange framework, previously limited to traditional financial accounts, to crypto-assets.
National transposition deadline
Directive (EU) 2023/2226, transposition clause
Member states are required to transpose DAC8 into national law by 31 December 2025. As of this writing, Spain’s implementing legislation was still in administrative/parliamentary procedure, so gestorías should verify the final published text before relying on specific national procedural details.
Start of provider reporting obligations
Directive (EU) 2023/2226, application timeline
CASPs are expected to begin collecting the required identification and transaction data on users starting in 2026, aligning with the reporting periods already used for other DAC-covered financial data.
Automatic exchange between EU tax authorities
Directive (EU) 2023/2226, amending Art. 8ad(3)-(4) framework of 2011/16/EU
From 2027, the data collected by CASPs will be automatically exchanged between EU member states’ tax administrations on an annual basis, mirroring the mechanism already used for bank account data under DAC2/CRS.
Interaction with existing Spanish crypto Modelos
Complementary to Modelo 172, Modelo 173 and Modelo 721 (AEAT)
DAC8 does not replace Spain’s domestic crypto reporting obligations. Modelo 172 (balances held), Modelo 173 (crypto operations) and Modelo 721 (crypto assets held abroad) remain in force; DAC8 adds a parallel EU cross-border exchange layer on top of them.
Data scope: identification and transaction detail
Directive (EU) 2023/2226, reporting data fields (amending Annex to 2011/16/EU)
Reportable data includes the crypto-asset user’s tax identification details, jurisdiction of residence, and per-transaction records of acquisitions, disposals and transfers, enabling tax authorities to cross-check declared income against actual crypto activity.
IgeraGestories in action — Directiva DAC8 — criptoactius
User
A client asked our gestoría whether their crypto exchange will start reporting their transactions to the Spanish tax authority next year. What should we tell them?
IgeraGestories
Under Directive (EU) 2023/2226 (DAC8), amending Art. 8ad of Directive 2011/16/EU, Crypto-Asset Service Providers with a reportable EU nexus are expected to begin collecting user transaction data from 2026, with automatic exchange between EU tax authorities starting in 2027. This runs alongside — not instead of — Spain’s existing Modelo 172, 173 and 721 obligations. Note that Spain’s national transposition of DAC8 was still in procedure at the time of this answer, so exact domestic implementing details should be reconfirmed once the final text is published. This is informational, not tax advice — consult your gestor or a colegiado lawyer for a personalized assessment.
Font: Directive (EU) 2023/2226 — Art. 8ad, amending Directive 2011/16/EU (DAC)
Frequently asked questions — Directiva DAC8 — criptoactius
Is DAC8 already in force, or is it still being finalized?
Directive (EU) 2023/2226 entered into force at EU level in 2023 and legally binds all member states to transpose it into national law by 31 December 2025. However, at the time of writing, Spain’s specific transposition instrument was still moving through legislative/administrative procedure, so gestorías should confirm the final published national text before advising clients on exact procedural obligations.
Who exactly must report under DAC8?
The obligation falls on Crypto-Asset Service Providers (CASPs) — centralized and decentralized exchanges, custodial wallet providers, and brokers — that facilitate crypto-asset transactions for EU-resident users, regardless of where the provider itself is established, provided it has a reportable nexus to the EU.
What information will be reported to tax authorities?
CASPs must report identifying data on crypto-asset users (name, address, tax ID, jurisdiction of residence) together with transaction-level data: acquisitions, disposals, transfers, and exchanges of crypto-assets, mirroring the logic already used for financial account reporting under DAC2/CRS.
How does DAC8 relate to Modelo 172, 173 and 721 in Spain?
Modelos 172 (balances), 173 (crypto operations) and 721 (overseas crypto holdings) already impose domestic reporting duties on Spanish taxpayers and providers. DAC8 complements — it does not replace — these obligations by adding an EU-wide automatic exchange layer between tax administrations, so a taxpayer may be subject to both domestic Modelos and DAC8-driven cross-border reporting.
When does automatic exchange of information between EU countries start?
CASPs are expected to begin collecting and reporting the required data from 2026, with the first automatic exchange of that information between EU member states’ tax authorities taking place from 2027, following the same annual-exchange logic as other DAC amendments.
Does DAC8 apply to individuals who simply hold crypto without trading through an EU-based platform?
The direct reporting duty falls on the CASP, not the individual holder; however, if an EU resident uses any CASP with a reportable nexus to the Union, their transaction data can be captured and reported regardless of where they personally reside, and separate national obligations (like Spain’s Modelo 721) may still apply directly to the holder.
Is this information provided by IgeraGestories tax or legal advice?
No. This content is informational and does not constitute tax or legal advice. Given the cross-border complexity of DAC8 and its still-evolving national transposition, always consult a licensed gestor or colegiado lawyer before making decisions based on this summary.