Germany Drafts 25% Flat Tax on Crypto Gains Germany's Federal Ministry of Finance has drafted legislation that would impose a 25% flat tax on cryptocurrency gains, a move that would fundament
Germany's Federal Ministry of Finance has drafted legislation that would impose a 25% flat tax on cryptocurrency gains, a move that would fundamentally alter one of Europe's most investor-friendly crypto tax regimes. The proposal, reported by Der Spiegel and confirmed across multiple outlets on September 9, 2026, targets $BTC, $ETH, and altcoin positions alike.
Under the draft, crypto gains would be reclassified as capital income under Germany's Abgeltungsteuer framework, placing them on the same footing as stocks and funds. The 25% rate would apply regardless of how long an investor has held the asset, directly eliminating the existing one-year holding exemption that has made Germany a favored destination for long-term crypto holders.
The draft law, unveiled in mid-August 2026, would take effect on January 1, 2027, covering assets purchased after that date. Automatic tax withholding by exchanges and brokers is set to begin a year later, on January 1, 2028, giving service providers time to build the required compliance infrastructure. Existing holdings acquired before the cutoff would retain the current tax-free treatment under the one-year rule.
Finance Minister Lars Klingbeil of the SPD is championing the measure as part of a broader effort to close a significant gap in the 2027 federal budget. The Finance Ministry projects the crypto tax will generate around €160 million in additional revenue in its first year of automatic withholding, rising to approximately €350 million annually by 2031.
However, the proposal is not yet law. As noted by Cryptoticker, the current document is a key-points paper, a statement of political intent rather than a binding legal instrument. Before it can take effect, the bill must pass through full Bundestag and Bundesrat proceedings and be promulgated in the Federal Law Gazette.
This is not the first time the SPD has pushed for this change. The party made similar attempts during coalition negotiations in 2025, but the CDU/CSU blocked it, and the measure was excluded from the May 2025 coalition agreement. This latest push, embedded within a wider budget package, represents what analysts describe as the fourth attempt in 18 months to eliminate the exemption.
One notable upside for investors: once crypto falls under the capital income regime, losses from crypto could be offset against losses from stocks and other securities, a flexibility not currently available under the existing private-assets classification.
Sources:crypto.news: Germany targets tax-free crypto gains with new 25% levyCrypto Briefing: Germany plans 25% crypto tax, grandfathering existing holdingsAtlas21: Germany: Klingbeil Plans 25% Crypto Tax in 2027
