German Tax Rules Base Bitcoin Donation Deductions on the One-Year Holding Period
Charitable bitcoin donations in Germany are valued at either fair market value or purchase price depending on whether a sale would have been taxable.
Under German tax law, donating bitcoin to a qualifying charitable organisation is classified as a donation in kind, with the deductible value determined by Section 10b Paragraph 3 of the Income Tax Act. The deductibility depends on whether disposing of the cryptocurrency would have constituted a taxable event at the time of the transfer.
If the donor has held the bitcoin for more than one year, a hypothetical sale would be tax-exempt. Consequently, the taxpayer can deduct the asset's full fair market value on the donation date. If the bitcoin is held for less than a year, the deductible amount is restricted to the original acquisition cost.
Because a charitable gift is gratuitous and involves no sale consideration, the donation itself triggers no taxable disposal under Section 23 of the Income Tax Act. In addition, donations made to eligible public-benefit entities are exempt from German gift tax.
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