Kryptowährungen: Bitcoin-Gewinne mit 25% Steuern!

Finance-/Tax-Relevant Summary (Bitcoin/Crypto Taxation)

Core Macro/Policy Change Discussed

• Germany’s prior rule: Crypto/Bitcoin gains were tax-free after a holding period of 1 year.
• Proposed change (new draft approach being discussed): Bitcoin profits would be taxed as “capital income” at a flat 25%.
• The speaker frames the change as primarily about how taxation is applied to certain crypto gains, including withholding and eligibility based on purchase date.

Timeline / Effective Date Mentioned

Current-law example (as described)

• If you bought Bitcoin in 2025, you could sell tax-free one year later, starting in 2026.

Older draft (withdrawn)

• Bitcoin bought from Jan 1, 2026 onward would be taxed at up to 45% (depending on the personal tax rate),
• regardless of whether it was sold after 6 months or 100 years.

New draft discussion (not yet published)

• The new proposal is said to apply to Bitcoin purchased from Jan 1, 2027 onward.
• Bitcoin purchased before that (e.g., “yesterday/today” relative to the discussion) is expected to remain tax-free after 1 year, assuming the law is passed as described.

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What Income Types Are Included (“Exchangeable Cryptocurrency”)

A new term is introduced:

• “Exchangeable cryptocurrency”: crypto assets (including Bitcoin and other cryptocurrencies) that can be regularly exchanged.

Included revenue streams mentioned:

• Trading / selling gains
• Staking / lending income (described as “landing and staking,” i.e., earning yield)

Tax treatment described:

• These would be treated as income from capital assets, taxed at 25%.

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Key Numbers / Tax Mechanics (with Examples)

Tax Rate and Holding-Period Exemption

• Capital gains tax rate: 25%
• Holding-period exemption removed for affected coins:
  • For coins bought from Jan 1, 2027, gains would no longer be tax-free after one year.

Withholding by Crypto Platforms

• From 2028 onward, crypto platforms are expected to withhold 25% automatically (similar to banks).
• Potential issue noted:
  • Withholding could occur even after the investor has left the country,
  • and reclaiming withheld taxes later may be more difficult for non-residents.

Example Calculation (speaker illustration)

• Purchase: €80,000
• Sale: €100,000
• Gain: €20,000

Savings allowance (“Sparer-Pauschbetrag”):

• The speaker states a €1,000 allowance applies once for combined interest income and Bitcoin profit.
• Taxable base estimate: €19,000
• Tax estimate: 25% of €19,000 + solidarity surcharge, roughly ~€5,000 (speaker estimate)

Holding-Forever Scenario

• For purchases from Jan 1, 2027:
  • Taxes would apply regardless of whether the investor sells after 6 months or 100 years.

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Airdrop Tax Treatment (Special Feature)

• Airdrops are taxed using a formula based on acquisition cost:
  • Calculated from the purchase price, but starting from €0.
• Implication given:
  • If an investor sells for €100, they may owe tax on the €0 → €100 difference.

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Loss Offsetting Rules (Risk Management / Portfolio Implications)

Offset Allowed (as implied)

The speaker suggests the legislator appears to allow broad offsetting between:

• Gains and losses related to interest income, and
• Bitcoin profit/loss within the same 25% “capital income” tax bucket.

Offset Not Allowed

Losses from Bitcoin (e.g., €20,000 or €1,000) cannot offset:

• Salary income
• Rental income

Reason provided:

• Otherwise, losses could reduce employment-tax exposure (up to 45%) too favorably against the 25% bucket.

Documentation / Uncertainty Risk

• If you cannot prove whether the Bitcoin was bought before or after Jan 1, 2027,
• the speaker says the discussion suggests you might be taxed on only half the profit (example given):
  • Profit: €20,000 → possibly taxed on €10,000
• The speaker adds that, in typical cases, you can prove it; the “half-tax” approach is discussed as a fallback if you cannot.

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Disclosures / Notes

• No explicit “not financial advice” disclaimer was included in the subtitles shown.
• The speaker repeatedly notes the draft law has not yet been published, and that information is based on leaks/hints from the Federal Ministry of Finance.

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Step-by-Step Framework (Implicit Tax Computation Logic)

• Determine whether the specific Bitcoin was purchased on/after Jan 1, 2027.
• If in scope:
  • Compute gain = Sale price − acquisition cost
  • For airdrop-related holdings, acquisition is effectively treated as €0
  • Apply €1,000 savings allowance once across combined capital items (interest + crypto profits)
  • Apply 25% tax rate plus solidarity surcharge
• If platform withholding applies (expected from 2028):
  • Platform withholds 25% automatically
  • The investor may still need to reconcile/file; failing to declare (if withholding does not apply) is described as risking penalties

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Extracted Assets / Instruments

• Assets/Instruments: Bitcoin (BTC), other cryptocurrencies, staked/lending crypto yield, airdrop tokens (no specific token tickers mentioned)

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Presenters / Sources Mentioned

• Federal Ministry of Finance (Bundesfinanzministerium) — referenced as the source of hints/ideas
• No individual presenter name provided

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