Poker With Crypto From Spain
Spain licenses online poker under its 2011 law, fines unlicensed operators up to 50 million euros, taxes winnings, and WePlay refuses Spanish residents.
The short answer
Spain licenses online poker under its gambling law of 27 May 2011, and the Dirección General de Ordenación del Juego decides who may offer it. Running gambling without a Spanish licence is a very serious infringement, with fines of one to fifty million euros, and promoting or advertising gambling without a licence is a serious one. The law's fine for players covers only certain insiders, such as an operator's owners and staff. WePlay's terms refuse residents of Spain.
From the sources at the bottom of the page. We are players, not lawyers; this page is what the law and our sources say, not legal advice.
At a glance
- The law
- The law is Ley 13/2011 of 27 May 2011, on the regulation of gambling. The Dirección General de Ordenación del Juego, created in March 2011, licenses, supervises and sanctions gambling at state level, including unlicensed gambling aimed at Spain from abroad.
- Operators
- Organising gambling without a licence is a very serious infringement (article 39), with fines of one million to fifty million euros (article 42).
- Advertising
- Promoting, sponsoring or advertising gambling is a serious infringement under article 40 when the person doing it has no licence, with fines of 100,000 euros to one million euros.
- Players
- Article 41 makes taking part a minor infringement only for some of the people article 6.2 bars from playing, such as an operator's owners and staff.
- Tax
- Gambling winnings count as capital gains in the personal income tax, losses can be deducted, and the rates are progressive and depend on the region.
- The rooms
- WePlay's terms refuse residents of Spain. Basepoker's terms name no countries; its licence is from Costa Rica.
Licensed gambling, and steep fines outside it
Spain's gambling law of 27 May 2011 licenses online gambling, poker included, at state level. The Dirección General de Ordenación del Juego, created in March 2011, grants the licences, supervises and sanctions the operators, and pursues unlicensed gambling run from Spain or from abroad and aimed at Spain. It can also order payment providers, internet services and advertising channels to stop serving it.
The fines are steep. Organising gambling without a licence is a very serious infringement under article 39, with fines of one million to fifty million euros, and promoting or advertising gambling without a licence is a serious one under article 40, with fines of 100,000 euros to one million euros. For the player, article 41 makes taking part a minor infringement only for some of the people article 6.2 bars from playing, such as an operator's owners and staff.
Tax
Gambling winnings count as capital gains in the Spanish personal income tax. Losses can be deducted, so the tax falls on what you won after losses, at progressive rates that depend on the autonomous community where you live.
What this means for a reader in Spain
WePlay's terms refuse residents of Spain. Basepoker's terms name no countries, and its licence is from Costa Rica. Under the 2011 law, organising gambling without a Spanish licence is a very serious infringement, and promoting or advertising it without one is a serious one, so this page links to neither room. We do not describe VPNs or other ways around any of this.
The sites licensed in Spain are the legal way to play online. Our strategy pages, the odds chart and the calculators are free to read anywhere.
Time zones
Madrid is UTC+1 in winter and UTC+2 in summer, so a 20:30 start on WePlay's GMT+2 schedule is 19:30 in Madrid in winter and 20:30 in summer. The Canary Islands are one hour behind Madrid. The Tonight page shows every start in your own time zone.
What runs tonight at WePlay and Basepoker, in your own time zone.
Sources
- Ley 13/2011, de 27 de mayo, de regulación del juego, BOE (articles 38 to 42)
- Dirección General de Ordenación del Juego, Spanish Wikipedia
- elDiario.es, 5 June 2018: how winnings from casinos and online betting are taxed
- WePlay terms and conditions, section 2 (the countries it refuses)
- Basepoker terms of service, sections 1.5 and 5 (the player checks the local law)
Read next
Questions
Is online poker legal in Spain?
Yes, at operators licensed under the gambling law of 2011. Organising gambling without a Spanish licence is a very serious infringement, with fines of one to fifty million euros.
Are players fined for playing on unlicensed sites in Spain?
The law's fine for players covers only some of the people it bars from playing, such as an operator's owners and staff. Operators and advertisers without a licence face the heavy fines.
Can I play on WePlay from Spain?
No. WePlay's terms refuse residents of Spain.