Key takeaways:
- If you've held your coins for more than a year, your crypto gains are still tax-free. No law has been passed to change that.
- What happened: The government has approved a budget draft, making clear its intention to treat crypto and stock gains the same for tax purposes.
- But this is not the end of the legislative process. A formal bill, as well as majorities in both the Bundestag and Bundesrat, are still pending.
- There's no need for you to act now. Rash decisions could cost you more than a tax change that may never materialize in this form.
Take a breath
Headlines have been circulating for a few days now: “Holding period abolished,” “Crypto gains taxable regardless of holding period.” We understand if this unsettles you – especially if you’re holding coins you were planning to sell tax-free.
So here’s the most important message upfront: As it stands, nothing changes for you today. The current rules still apply. And whether they’ll change at all is still open.
We break down what was actually decided, what hurdles remain 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?
Further than the headlines suggest. The cabinet decision reflects the political will of the government – but it’s not the outcome of the legislative process. That’s only just the beginning.
What still needs to happen
| Schritt | Status |
|---|---|
| Cabinet decision (budget draft) | ✅ Done |
| Draft bill from the Finance Ministry | ❌ Not yet available |
| Vote in the Bundestag | ❌ Majority uncertain |
| Vote in the Bundesrat | ❌ Pending |
The next step requires the SPD-led Finance Ministry to produce a formal draft bill. The Bundestag then deliberates on it. In general, such drafts are significantly amended in the committees.
Should the crypto tax still be included in the final bill, the next hurdle would follow: a majority in the Bundestag is by no means certain. The CDU/CSU parliamentary group has repeatedly positioned itself against abolishing the holding period. The Union faction recently argued that abolishing the holding period wouldn’t close fairness gaps – but rather create new ones. Why should cryptocurrencies be taxed differently from precious metals or foreign currencies?
Whether the Union will ultimately support the SPD coalition partner’s proposal remains open.
What does this mean for you?
Short version: You don’t need to do anything right now. But there are open questions you should keep an eye on:
- Grandfathering: How will coins you’ve already held for more than a year be treated? There are no reliable statements on this so far.
- Loss offsetting: If crypto is treated like stocks – can crypto losses be offset against stock gains? Unclear.
- Transitional rules: The law is supposed to take effect on 1 January 2027. But it remains open whether there will be a cut-off date from which the law applies retroactively.
No one can seriously answer these questions right now – not even a tax advisor. The specifics will only become clear through the actual draft bill.
Where we stand
For us, it’s clear: tax policy should provide guidance – not create uncertainty. Frequent legislative changes make long-term decisions harder.
The existing holding period makes a meaningful distinction between short-term trades and long-term wealth building. It rewards those who invest patiently rather than trade frantically.
From a technical standpoint, treating cryptocurrencies the same as stocks across the board is far from straightforward. Many asset classes continue to be treated differently from stocks. Tax law experts see open questions here that could also mean legal vulnerability for any such law.
And: Germany has developed into one of Europe’s leading regulated crypto markets. To put this success at risk by undermining tax predictability is a gamble.
We don’t get involved in party politics. But we advocate for a regulatory framework that serves 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. We’ll let you know as soon as they’re ready.
- 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:
- 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