Key takeaways:
- If you've held your coins for longer than a year, your crypto gains are still tax-free for now. Here's what's happening: The government wants to put crypto and stock gains on an equal legal footing. According to media reports, there's a draft bill from the Finance Ministry stating that crypto holdings would become taxable in the future, regardless of holding period.
- The proposed regulation would mean that cryptocurrencies would be treated with different tax consequences – depending on whether they were acquired before or after the cut-off date of December 31, 2026.
- Nothing has been decided yet. The legislative process is still in its early stages. Majorities in the Bundestag and Bundesrat are still uncertain, and changes are still possible during the process.
Take a breath
For the past few days, headlines have been circulating like: “Crypto: End of Tax Exemption,” “Crypto Assets to Be Taxed from 2027 Onwards.” We understand if that’s making you nervous.
That’s why here’s the most important message upfront: According to the draft bill described in media reports, nothing changes for your current holdings and all purchases up to December 31, 2026. You’ll continue to pay taxes under the old holding period rules.
We’re putting into perspective what actually happened, what hurdles still lie ahead in the legislative process – and what we at BISON are doing.
What was decided?
On 6 July 2026, the federal cabinet approved the budget draft for the coming year. It proposes reclassifying cryptocurrencies as income from capital assets – the same category that already applies to stocks and ETFs.
Specifically, this would mean:
- Tax exemption after a one-year holding period no longer applies.
- A flat 26.375% capital gains tax (incl. solidarity surcharge) would apply – regardless of how long you’ve held.
- Planned start date: 1 January 2027.
What’s the current rule? Cryptocurrencies are legally classified as “other assets” – in the same category as gold, foreign currencies, or collectibles. This classification is the legal basis for the holding period.
How far are we from a final law?
A draft bill from the Finance Ministry is circulating in the media. However, the Ministry itself hasn’t officially published it yet. The legislative process officially begins with the government’s cabinet resolution, which hasn’t happened yet. We’re still at the beginning of the process.
What still needs to happen:
| Step | Status |
|---|---|
| Draft bill from the Finance Ministry (Crypto Tax Law) | ⚠️ Circulating in media reports, not yet officially published by the Finance Ministry |
| Cabinet resolution of the Federal Government (Crypto Tax Law) | ❌ Pending |
| Vote in the Bundestag | ❌ Majority uncertain |
| Vote in the Bundesrat | ❌ Pending |
Next, the SPD-led Finance Ministry must submit a bill. The Federal Government will consult on this and initiate the legislative process by sending it to the Bundestag and Bundesrat. As a rule, such drafts are significantly revised in the responsible committees.
If the crypto tax is still included in the final bill, the next hurdle would follow: A majority in the Bundestag is by no means assured for the project. The CDU/CSU parliamentary group has repeatedly positioned itself against abolishing the holding period in the past. Most recently, the union faction argued that eliminating the holding period would not close justice gaps, but rather create new ones. Why should cryptocurrencies be taxed differently than gold or foreign currencies?
Whether the Union will ultimately agree to the proposal of coalition partner SPD remains open.
What does this mean for you?
Short version: You don’t need to do anything right now. But there are issues you should keep an eye on:
- Grandfathering: For coins acquired by December 31, 2026 – as reported – nothing changes. How will coins be handled that you’ve already held for longer than a year? According to reports, the tax treatment of existing crypto holdings wouldn’t change. For these, the current rule continues to apply, the twelve-month holding period.
- Entry into force: The law is supposed to take effect on 1 January 2027. That would mean holdings acquired by December 31, 2026 would be exempt from the reform.
These issues will still be finally clarified. Currently, these are media reports where the draft is available. Nothing has been published or confirmed by the Finance Ministry yet. The concrete details should be finalized in the coming weeks.
Where we stand
Eliminating the one-year holding period would mean that gains would generally be taxable regardless of holding period. For long-term oriented investors, this would be a significant change, as a key tax incentive for holding cryptocurrencies long-term would disappear.
Short-term oriented investors could benefit, however, if the new regulation simultaneously enables appropriate loss offsetting. The planned automated taxation process could bring advantages to investors by reducing today’s personal tax reporting burden. It can only be conclusively assessed which investor groups would actually be more or less burdened once the new regulation is finalized.
We don’t get involved in party politics. But we advocate for regulatory conditions that serve investors – and we’ll guide you through every change.
What we’re doing at BISON
- We’ll keep you informed as soon as there are new, reliable developments – without speculation, without fear-mongering.
- We’re working on tools and services that help you keep track of your portfolio and your tax situation. For example, the Holding Period Tracker shows you which of your cryptocurrencies you’ve already held for longer than a year and for which you haven’t reached this holding period yet.
- We make the tax topic easy for you – right now. With our Info Report and the tax report via Blockpit, you have everything you need in the BISON app to prepare your transactions in a legally compliant way. Regardless of how the legal landscape evolves.
Stay informed
This topic will be with us for months to come. But we at BISON will make sure that crypto remains simple with us – with or without a holding period. So you never miss an update: Activate notifications in the BISON app settings and we’ll let you know when there’s news.
Sources:
- Krypto: Ende der Steuerfreiheit – Das plant der Bund für Bitcoin, Ethereum und Co. – WELT
- Budget draft 2027 – Federal Government of Germany
URL: https://www.bundesregierung.de/breg-de/aktuelles/bundeshaushalt-2027-beschlossen-2446026 - Blocktrainer.de: Bundeskabinett beschließt Haushaltsentwurf mit Änderung der Krypto-Steuer
URL: https://www.blocktrainer.de/blog/bundeskabinett-beschliesst-haushaltsentwurf-mit-aenderung-der-krypto-steuer