Bitcoin
German Cabinet Delays Action on Crypto Holding Period Tax Proposal
Existing rules granting tax-free status to private crypto holdings after twelve months remain in effect following a cabinet meeting without a vote.
The German federal cabinet did not adopt a proposed tax reform during its session on October 14, 2026, leaving the existing one-year holding period for privately held crypto assets in force. Under current statutory rules set out in section 23 of the Income Tax Act, gains realized from selling Bitcoin, Ether, or other digital assets after twelve months remain exempt from income tax.
A departmental draft from the Federal Ministry of Finance dated September 30, 2026, had proposed reclassifying crypto assets under section 20 as capital income, which would eliminate the one-year tax-free exemption for future acquisitions starting after December 31, 2026. However, the proposal remains within inter-ministerial consultations and has not received cabinet approval.
With the draft stalled and the next scheduled Bundesrat plenary session set for November 20, 2026, no statutory revisions can take effect without cabinet endorsement, parliamentary debate, and legislative passage. The delay confirms that tax rules for the 2026 tax year remain governed by existing legislation.
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