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Germany Tax Guide
Germany Tax Guide

Learn the taxation principles on cryptoassets in Germany.

Mattia Pace avatar
Written by Mattia Pace
Updated over a week ago

Overview

In Germany, cryptocurrency taxation is determined by how long you hold the assets and the type of income generated from them. Here’s a comprehensive guide to understanding your tax obligations related to cryptocurrency activities in Germany.

Taxation of Short-Term Capital Gains and Income from Crypto

Short-Term Capital Gains:

  • If you hold your crypto for less than a year before selling, swapping, or spending it, any profit is subject to Income Tax.

  • The tax rate is the same as your regular Income Tax rate, up to 45%, plus a potential 5.5% Solidarity Tax.

Long-Term Capital Gains:

  • If you hold your crypto for more than a year, any profit from selling, swapping, or spending it is tax-free.

Specific Circumstances and Income Types

Additional Income (Mining, Staking):

  • Income from mining or staking is taxable at your regular Income Tax rate.

  • You only need to file a tax return if your additional income exceeds €256 per year.

Exemptions:

  • If your annual net gain from crypto transactions is less than €600, you do not need to file a tax return.

Reporting Capital Losses

Within One Year:

  • If you incur a loss from selling, swapping, or spending crypto within a year, you won’t pay tax on it.

  • Track these losses as they can be offset against profits to reduce your tax bill.

  • If you have no profits to offset, you can carry forward losses to future years if reported in your tax return.

Calculation of Capital Gain and Loss

Cost Basis:

  • The cost basis is the purchase price plus any transaction fees.

  • For crypto acquired through airdrops or forks, use the fair market value on the receipt date as the cost basis.

CashOut Methods:

  • Use the FIFO (First In, First Out) method for calculating taxes if units cannot be specifically identified.

  • A ‘wallet-by-wallet’ analysis is required for determining the sequence of sold units.

Lost or Stolen Crypto

Claiming a Loss:

  • You may claim lost or stolen crypto as a loss with the BZSt by providing evidence such as:

    • wallet addresses

    • acquisition and loss time of the key

    • the cost of acquiring the lost/stolen asset

    • proof you were in control of the wallet

    • the amount of crytocurrency held at time of loss

    • proof of ownership of the hardware where the wallet is stored

    • transactions to the wallet from an exchnage linked to the user's identity

Crypto-to-Crypto Transactions

Taxable Events:

  • Trading one cryptocurrency for another is taxable if the profit exceeds €600 within the same year of acquisition.

Transfer Management

Non-Taxable Events:

  • Moving crypto between different exchanges, wallets, or accounts is not a taxable event.

  • However, spending cryptocyurrency to pay the transfer fee is a taxable event.

DeFi and Liquidity Pools

Earning New Tokens:

  • Rewards from staking, liquidity mining, or yield farming are subject to Income Tax if above the €256 threshold.

Accrued Value Tokens:

  • Tax is due when withdrawing capital from liquidity pools if the original capital or liquidity pool tokens were held for less than a year.

NFTs

Transactions:

  • Selling, swapping, or buying NFTs with crypto held for less than a year incurs Income Tax.

  • Income from minting and selling NFTs as an artist may be considered artistic or commercial income and subject to additional taxes.

Mining and Staking Rewards

Mining:

  • Mining rewards are considered additional income and taxed based on the fair market value on receipt.

  • Expenses can be deducted, and taxes are due on profits if mined coins are disposed of within a year.

Staking:

  • Staking rewards are taxed based on their market value at receipt and subject to Income Tax on profits if disposed of within a year.

ICOs and IEOs

Taxable Events:

  • New tokens received in ICOs or IEOs are taxed if disposed of within a year, based on the initial crypto's value at the ICO/IEO date.

Purchasing Goods or Services with Crypto

Tax Implications:

  • Treated the same as trading crypto, taxable if the crypto was held for less than a year before the purchase.

Margin Trading and Derivatives

Taxation:

  • Profits from margin trades are capital income if no crypto is delivered; otherwise, they are private sales transactions.

  • Profits from derivatives depend on whether the investor acquires the underlying crypto asset.

Gifting and Receiving Crypto

Gifts:

  • Gifts are tax-free up to €20,000 for friends and €500,000 for spouses, with higher values taxed under “Schenkungssteuer”.

  • The tax rates for gifts range from 7% to 50%, depending on the recipient.

Hard Forks

Tax Implications:

  • No Income Tax on receipt of crypto from hard forks, but gains from selling within a year are taxable if over €600.

Financial Year and Reporting

Tax Year:

  • The German tax year runs from January 1 to December 31.

  • The tax return deadline is July 31, extended to September 30, 2024, for the 2023 tax return.

Reporting:

  • Use Elster, the BZSt's online platform, to file your taxes.

  • Report crypto on the Annex SO (Other Income) and main form ESt 1 A.

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