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However in a binding consultation of the Directorate General of Taxes, this:
"In the case of homogeneous virtual currencies, which are understood to be transmitted for the purpose of determining the corresponding capital gain or loss, it should be understood, in accordance with the aforementioned criterion, that in the case of partial sales of virtual "bitcoin" coins that had been acquired at different times, it should be considered that the "bitcoin" that are transmitted are those acquired in the first place."
That is to say, it recommends the FIFO system.
In the IRPF they are taxed as capital gains and losses:
Article 2 of Law 35/2006, of November 28, on Personal Income Tax (hereinafter LIRPF) provides that: "Constitutes the object of this Tax the income of the taxpayer, understood as the totality of his income, capital gains and losses and the imputations of income that are established by law, regardless of the place where they were produced and whatever the residence of the payer."
Section 1 of Article 33 of the same Law establishes that: "Capital gains and losses are the variations in the value of the taxpayer's assets that are revealed on the occasion of any alteration in the composition thereof, unless they are classified by this Law as income."
Based on the premise that the acquisitions and sales of "bitcoin" virtual currencies are not carried out in the scope of an economic activity, such sales will give rise to capital gains or losses, in accordance with Article 33.1 of the LIRPF, the amount of which will be, according to Article 34 of the same Law, the difference between the respective transfer and acquisition values, values which in the case of acquisitions and transfers for valuable consideration are defined in Article 35 of the LIRPF, which provides:
"1. The acquisition value shall consist of the sum of:
(a) The actual amount for which such acquisition would have been made.
b) The cost of the investments and improvements made in the acquired assets and the expenses and taxes inherent to the acquisition, excluding interest, which have been paid by the acquirer.
2. The transfer value shall be the actual amount for which the disposal would have been made. The expenses and taxes referred to in paragraph 1(b) shall be deducted from this value insofar as they have been paid by the transferor.
The actual amount of the sale value shall be taken as the amount actually paid, provided that it is not lower than the normal market value, in which case the latter shall prevail".
On commissions or expenses in general:
The commissions charged by the exchange houses or "exchanges" for the acquisitions and for the sales of "bitcoin" made by the consultant with such "exchanges", if the aforementioned expenses arise from the performance of such operations, keeping, therefore, a direct relationship with the same and are satisfied by the taxpayer, will be computable to determine the respective acquisition and transmission values in the manner provided for in Article 35. 1 and 2 above transcribed.
Determination of the value of cryptocurrencies when they are acquired at different times and from different platforms.
The determination of the cryptocurrencies that are subject to transmission for Personal Income Tax purposes in a partial sale, when there have been acquisitions made at different times and at different values, and with different exchange houses, we must bear in mind the following:
Cryptocurrencies, computable by units or fractions of units, have their origin in the same specific protocol and possess all of them the same characteristics, being equal to each other, which confers to the different units or fractions of units of cryptocurrencies the nature of homogeneous goods.
When there are homogeneous securities or goods, the LIRPF establishes in certain precepts the criterion by which the securities or goods that are the object of a transfer or disposition must be determined, considering that those transferred or disposed of are those acquired first. This is provided for in Article 37.2 in relation to the transfer of securities representing the participation in the equity of companies or entities and collective investment institutions and in Article 54.5 on the disposition of assets or rights contributed to protected estates of persons with disabilities.
Given that the LIRPF does not establish a different specific rule to identify, in the case of homogeneous virtual currencies, those that are deemed to have been transferred for the purpose of determining the corresponding capital gain or loss, it should be understood, in accordance with the aforementioned criterion, that in the case of partial sales of virtual currencies that were acquired at different times, those that are transferred should be considered to be those acquired in the first place.
Finally, the fact that they are acquired and transferred in different exchange houses or exchanges does not constitute a circumstance that alters the homogeneity of the aforementioned virtual currencies, so that in order to determine the age and the corresponding acquisition value of the virtual currencies that are considered sold in accordance with the criterion indicated in the preceding paragraph, all the virtual currencies acquired must be taken into account without distinguishing according to the different exchange houses in which the transactions were carried out.
