HolderTax · Status: working draft · every figure awaits sign-off by a licensed reviewer · not tax, legal or investment advice
HolderTax / Germany / Rules / Holding period
Rule explainer · Germany · Schedule lines 02–06

The holding period: one year, to the day

German law's most generous promise — tax-free after twelve months, however large the gain — hangs on details measured to the day, the euro and the wallet. Know the details and you pay zero. Estimate them and you pay progression.

Answer first

What HolderTax can say from the current evidence

Pre-publicationThese claims are still awaiting licensed human approval. Use the evidence bundle below to inspect the authority and review state.
Private disposal holding periodPrivate disposal is within §23 when acquisition-to-disposal period is not more than one yearBMF letter 6 March 2025, paras 53–55
Private-sale thresholdGains from all private disposal transactions remain tax-free if total annual gain is less than €1,000BMF letter 6 March 2025, para 53
Crypto-to-crypto swapSwap is a disposal and acquisition; one-year period begins again for acquired cryptoBMF letter 6 March 2025, paras 54–55
Identification / FIFO by walletIndividual identification is primary; where it is not possible, BMF permits simplifying FIFO valuation. Method is wallet-related and must be kept consistently within a wallet until full disposal of that token typeBMF letter 6 March 2025, paras 61–62
Working draft · rule mechanics pending sign-off by a licensed reviewer · not advice on your computation

The clock

Cryptoassets are other economic assets; their sale is a private sales transaction under § 23 EStG. If more than one year lies between acquisition and disposal, the gain is tax-free — entirely, with no ceiling. The period runs to the day: buy on 15 March, the clock starts on 16 March, and a tax-free sale is possible from 16 March of the following year at the earliest. Selling on the anniversary itself is still inside the period. Within the year, the personal income tax rate applies — zero to 45 percent, by total income.

What stops the clock surprises people: every swap is a disposal. BTC for ETH realises the BTC gain — and sets a fresh one-year clock on the ETH received. Paying with crypto, the same. Only transfers between your own wallets are neutral. Heavy rotation means many young clocks and little tax-free stock — the holding period rewards patience and taxes churn.

The thresholds: a cliff, not a floor

Gains from private sales stay tax-free up to €1,000 per year; other income such as staking rewards up to €256. Both are cliff-edge thresholds, not allowances: a single euro over makes not the excess but the entire amount taxable. A €1,001 gain means €1,001 taxed. Realising near the edge, know which side you land on — the most expensive euro in German tax law is the thousand-and-first.

Austria next door taxes every new holding at 27.5% — no clock, but neutral swaps. Germany offers the tax-free exit — but every swap ticks anew. Two German-speaking systems, two opposite clockworks.

FIFO, per wallet

The BMF guidance starts with individual identification. Where that is not possible, FIFO may be used as a simplifying assumption for valuation, applied wallet by wallet and kept consistently until the relevant token position in that wallet has been fully disposed of. That makes wallet architecture tax planning: mix old holdings and fresh buys in one wallet and FIFO sells the old, often tax-free coins first — which can be favourable or exactly the opposite, depending on the position. Separate wallets for separate vintages keep the choice open; a mixed wallet makes it automatically.

The footnotes that made history

The old fear that staking or lending stretched the period to ten years is settled — by statute since the 2022 annual tax act, confirmed in the BMF letter of 6 March 2025: twelve months stand, even for coins staked in the meantime. Open remains the classification of active validators and masternode operators — case by case, with advice. And the period itself is politically debated; no consensus to abolish it exists, but long-term planners plan with a rule legislatures can change. We keep the line on watch.

What to do

  1. Know every clock. Per wallet, per coin, per acquisition: FIFO order and expiry dates belong in tooling, not memory.
  2. Check the double effect before every swap. Does it realise a gain inside the year? And is restarting the clock worth it for the target asset?
  3. Respect the edges. Near €1,000 (or €256), one euro decides the taxability of the whole — realise with the threshold in view.
  4. Document even tax-free sales. Tax-freedom must be provable on demand — acquisition date, price, wallet. The DAC8 era asks for records, not recollections.
Evidence bundle

Canonical claims used on this page

Claim IDs are the publication contract. A translation or article may explain a claim, but cannot silently change its source, status or review lifecycle.

de.holding_periodPrivate disposal holding periodPrivate disposal is within §23 when acquisition-to-disposal period is not more than one year
Working — not publishableEffective: 2025-03-06Review due: 2027-01-15Reviewer: —Evidence: exact_locator · Research recheck: evidence_collected (—) · Human: pendingLocator: BMF letter 6 Mar 2025 → Randnummern 53–55Source: BMF letter 6 March 2025, paras 53–55 ↗
de.private_sale_thresholdPrivate-sale thresholdGains from all private disposal transactions remain tax-free if total annual gain is less than €1,000
Working — not publishableEffective: 2024-01-01Review due: 2027-01-15Reviewer: —Evidence: exact_locator · Research recheck: evidence_collected (—) · Human: pendingLocator: BMF letter 6 March 2025, para 53Source: BMF letter 6 March 2025, para 53 ↗
de.swap_clockCrypto-to-crypto swapSwap is a disposal and acquisition; one-year period begins again for acquired crypto
Working — not publishableEffective: 2025-03-06Review due: 2027-01-15Reviewer: —Evidence: exact_locator · Research recheck: evidence_collected (—) · Human: pendingLocator: BMF letter 6 Mar 2025 → Randnummern 54–59; exchange is disposal/acquisition and valuation mechanicsSource: BMF letter 6 March 2025, paras 54–55 ↗
de.basis_methodIdentification / FIFO by walletIndividual identification is primary; where it is not possible, BMF permits simplifying FIFO valuation. Method is wallet-related and must be kept consistently within a wallet until full disposal of that token type
Working — not publishableEffective: 2025-03-06Review due: 2027-01-15Reviewer: —Evidence: exact_locator · Research recheck: evidence_collected (—) · Human: pendingLocator: BMF letter 6 Mar 2025 → Randnummern 61–62 (individual identification; FIFO simplification; wallet consistency)Source: BMF letter 6 March 2025, paras 61–62 ↗
de.no_ten_year_extensionNo ten-year extension for payment tokensBMF states the ten-year extension does not apply to currency/payment tokens
Working — not publishableEffective: 2025-03-06Review due: 2027-01-15Reviewer: —Evidence: exact_locator · Research recheck: evidence_collected (—) · Human: pendingLocator: BMF letter 6 Mar 2025 → Randnummer 63Source: BMF letter 6 March 2025, para 63 ↗