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: crypto gains and stock gains are set to be treated equally for tax purposes. According to a draft bill from the Federal Ministry of Finance, crypto gains would become taxable in future, regardless of how long you've held your coins.
- Under the proposed rules, cryptocurrencies would be taxed differently depending on whether they were acquired by 31 December 2026 or later.
- Nothing has been decided yet. The legislative process is still in its early stages. Majorities in the Bundestag and Bundesrat have yet to be secured, and changes are still possible as the process unfolds.
Take a breath
For the past few weeks, headlines such as “Finance Ministry wants to tax crypto gains in future” and “Crypto assets to be taxed from 2027” have been doing the rounds. We understand if that’s unsettling.
That’s why here’s the most important message upfront: if the current draft bill is passed as it stands, nothing would change for your existing crypto holdings or for any purchases made up to 31 December 2026. You would continue to be taxed under the holding period rule that currently applies. We’ll explain what has actually happened, what hurdles still lie ahead in the legislative process – and what we at BISON are doing.
What does the draft bill mean?
The draft bill proposes classifying cryptocurrencies for tax purposes as income from capital assets – just as is already the case with stocks and ETFs.
Specifically, this would mean:
- The tax exemption after one year would no longer apply to coins acquired on or after 1 January 2027.
- Gains would be subject to a flat 25% capital gains tax plus solidarity surcharge (and church tax, where applicable) – regardless of how long you’ve held your coins.
- Planned start date: 1 January 2027.
What’s the current rule? Under tax law, cryptocurrencies are classified as “other assets” – the same category as gold, foreign currencies and collectibles. This classification is the legal basis for the holding period.
How far are we from a final law?
The Federal Ministry of Finance has published a draft bill. The legislative process only officially begins after the government’s cabinet decision, when the bill is introduced in the Bundestag and Bundesrat. We’re still at the very beginning of the process.
What still needs to happen:
| Step | Status |
|---|---|
| Draft bill from the Finance Ministry of Finance (working title: Crypto Tax Law) | ✅ Officially published |
| Cabinet decision by the Federal Government (Crypto Tax Law) | ❌ Pending |
| Vote in the Bundestag | ❌ Pending |
| Vote in the Bundesrat | ❌ Pending |
A majority in the Bundestag is by no means certain: the CDU/CSU parliamentary group has repeatedly opposed abolishing the holding period in the past. Most recently, it argued that abolishing the holding period would not close any fairness gaps, but create new ones. Why should cryptocurrencies be taxed differently from gold or foreign currencies? Whether the CDU/CSU will ultimately back the proposal of its coalition partner, the SPD, remains to be seen.
On top of that, the bill requires the consent of the Bundesrat. This means it cannot pass without the Bundesrat’s approval. Here, too, a majority is currently not assured. Ultimately, the outcome of the legislative process remains completely open.
What does this mean for you?
In short: you don’t need to do anything right now. But there are a few things you should keep an eye on:
- Grandfathering: Nothing is set to change for coins acquired by 31 December 2026. According to the draft bill, the current twelve-month holding period would continue to apply to them.
- Entry into force: The law is set to take effect on 1 January 2027.
Where we stand
We remain opposed to any overhaul of the tax system for crypto assets. The existing holding period rule provides legal certainty, keeps red tape to a minimum and encourages long-term investing among retail investors. We are convinced that abolishing it would bring no real benefit to the public purse. Instead, it would create considerable bureaucratic costs for investors and crypto-asset service providers.
Should lawmakers continue to pursue changes to crypto taxation, we will advocate for a framework that serves our customers, so that cryptocurrencies remain easy to trade under new legislation too. We’ll keep you posted on this topic.
What we’re doing at BISON
- We’ll keep you informed as soon as there are new, reliable developments – without speculation and without scaremongering.
- We’re continuing to work on tools and services that help you keep track of your portfolio and your tax situation. The Holding Period Tracker already shows you which of your cryptocurrencies you’ve held for more than a year and which haven’t reached that point yet.
- We’re making tax simple for you – starting now. With our Info Report and the Tax Report via Blockpit, the BISON app gives you everything you need to prepare your transactions in a structured way – regardless of how the legal situation develops.
Stay informed
This topic will be with us for months to come. But we at BISON will make sure crypto stays simple with us – with or without a holding period. So you never miss an update: activate notifications in your BISON app settings and we’ll let you know as soon as there’s news.