If you want to sell Ethereum in Germany, the purchase date decides first and the price only after that. Where the purchase goes back more than a year, the gain stays tax free under section 23
If you want to sell Ethereum in Germany, the purchase date decides first and the price only after that. Where the purchase goes back more than a year, the gain stays tax free under section 23 of the Income Tax Act. Where it does not, the gain counts towards taxable income and is charged at your personal tax rate. That is precisely why the question raised by the price jump of September 11, 2026, is a calendar question rather than a chart question: which of your units are old enough, and which of those are actually showing a gain? This article works through both, drawing on the text of the law, the guidance issued by the tax authorities and our own analysis of two years of daily Ethereum closing prices.
On September 11, 2026, Ether rose to an intraday high of 2,664.81 US dollars on the Kraken exchange. That was the highest level since January 31, 2026, when the price last reached 2,710.35 dollars. Measured by the daily closing prices of the same trading pairs, not a single day in between closed higher. The figures come from Kraken's public OHLC interface, retrieved on September 14, 2026, at 06:40 UTC; they describe trading on this one venue and may differ by a few dollars on other exchanges.
Half of that move has since been given back. At the same retrieval time, Ether was quoted at around 2,519 US dollars and 2,179 euros. Anyone who reads the headline about the eight-month high and concludes that their holding now sits at that level is working with a price that existed for only a few hours. For tax purposes the high is irrelevant in any case. What counts is the price at the moment you sell.
The trigger came from inflows into the US spot ETFs on Ether. The data service SoSoValue reported net inflows of 216.41 million dollars for September 11, of which 148.82 million went into BlackRock's ETHA fund; the Bitcoin ETFs recorded their fourth consecutive day of outflows on the same date, at a net 13.29 million dollars. These figures are attributable to the data service and were reported on September 12, 2026, among others by Bitcoin.com News in German. A reallocation of institutional money indicates demand. It is no promise of a further price rise. How the market read the level before this move is set out in our analysis of the test of the 200-day moving average at 2,100 dollars from August 19, 2026.
Holding period means the span between the acquisition and the disposal of an asset. For crypto assets held as private assets it is one year. The wording of section 23 (1) sentence 1 no. 2 of the German Income Tax Act refers to disposal transactions involving other assets where the period between acquisition and disposal is no more than one year. Only these transactions are taxable. Anything held for longer falls outside the provision, regardless of the size of the gain.
The usual calculation of deadlines under the German Civil Code applies: the day of acquisition itself does not count, and the one-year period ends at the close of the day corresponding to the day of acquisition. Someone who bought on September 13, 2025, was able to sell tax free on September 14, 2026. Someone who bought on September 14, 2025, has to wait until September 15, 2026. A single day decides the full tax exposure here, as an all-or-nothing threshold with no pro-rata gradation whatsoever.
It is not only a sale for euros that triggers the test. Swapping Ether into another coin or into a stablecoin is a disposal as well, as is paying for goods or services with Ether. The circular issued by the German Federal Ministry of Finance on March 6, 2025, treats the price agreed in euros as the disposal proceeds when tokens are exchanged for goods and services, falling back on the market price where that is unavailable. Anyone parking a holding in a stablecoin in order to swap back later has therefore already triggered the taxable event and starts a fresh one-year period for the new holding.
For taxable sales within the one-year period there is an exemption limit, meaning a threshold above which the entire amount becomes taxable. Under section 23 (3) sentence 5 of the Income Tax Act, gains stay tax free where the total gain from private disposal transactions in the calendar year came to less than 1,000 euros. The word less is to be taken literally: at 999 euros of gain you pay nothing, at exactly 1,000 euros the full amount becomes taxable, not merely the euro above the line.
Two subtleties are regularly overlooked. First, the limit applies to all private disposal transactions of the year taken together, so it also covers the sale of gold or the gain on a different coin. Second, it is an annual figure: anyone realizing 900 euros of gain in December and another 900 in January stays below it twice over. Put both into the same December and you are above it. A tax report of the kind the providers in our comparison of crypto tax tools and portfolio trackers produce shows this annual total before you sell, and that is exactly what matters when planning.
The order of use determines which unit counts as sold for tax purposes: as a rule, the one acquired first goes first. Anyone who has bought over a span of months does not own a single uniform position but many tranches with different purchase dates and purchase prices. Which of them counts as disposed of when you sell is governed by the order of use. The Ministry of Finance circular of March 6, 2025, places the principle of individual allocation first in paragraph 61: where the individual unit can be specifically identified, that unit is decisive. Where this is not possible, the crypto assets of a trading designation acquired first count as disposed of for the purposes of the holding period, and the average method is to be applied for the valuation. For reasons of simplification, the valuation may also assume that the units acquired first were disposed of first. That is the FIFO procedure, short for first in, first out.
What matters in practice is a sentence in the same paragraph: A wallet-based approach applies. Every wallet and every exchange account is therefore considered on its own. The method once chosen must be retained within a wallet until all units of that trading designation there have been disposed of in full; only afterwards, and following a new acquisition, may it be changed. For coins with a different trading designation in the same wallet, a separate election exists in each case.
The wallet-based view is a lever that many people do not even know about. If the old, tax-free Ether sit on a hardware wallet and the young, taxable ones on the exchange account, a sale on the exchange reaches only the holding held there. The period running on the older units remains untouched by it. Conversely, a problem arises when you consolidate everything onto a single address: the tranches then mix, and the order determines what gets sold. Anyone shifting holdings around should document these movements; paragraph 103 of the circular expressly requires documentation of reallocations within wallets for the wallet-based application of the average or FIFO method.
The decision between selling and waiting hinges on a question that is rarely asked: is the tax-free tranche showing a gain at all? For this article we analyzed the daily closing prices of the Ether against euro pair from Kraken, retrieved on September 14, 2026, at 06:40 UTC. The interface window reaches back 721 trading days, that is to September 24, 2024. Each daily close was compared with the current price of around 2,179 euros. The method is deliberately rough, assumes a purchase at the respective daily close, and leaves fees out of account.
The result is unambiguous. Of the 355 purchase days in the window from September 24, 2024, to September 13, 2025, meaning those days whose one-year period has now expired, only 89 sit below today's price. That is 25 percent. Three out of four tax-free purchase days are therefore currently under water. In the following window from September 14, 2025, to September 13, 2026, whose purchases are still taxable, 225 of 365 days lie below today's price, or 62 percent.
The price history itself supplies the reason. In September 2025 an Ether cost between 3,324 and 4,014 euros, with a median of 3,686 euros. Anyone who bought back then is down around 41 percent today. The low point of the window, by contrast, fell in the summer of 2026, and those cheap purchases are not yet twelve months old.
An uncomfortable constellation follows from these two data series, and it affects many portfolios right now. The units you could sell tax free are predominantly the ones you bought expensively. The units showing a gain are predominantly young and therefore taxable. So anyone who hears that they can sell tax free after a year and reaches for the oldest tranche on that basis realizes a loss in many cases, while simultaneously giving away the tax exemption they spent twelve months earning.
A loss from a tax-free sale is worthless for tax purposes: what lies outside the one-year period is simply not taxable, neither in gain nor in loss. A loss within the period, by contrast, can be offset, though only within narrow limits. Section 23 (3) sentence 7 of the Income Tax Act permits the offset only up to the amount of the gain from private disposal transactions in the same calendar year; a deduction from other income is excluded. Under sentence 8, the carry-back to the previous year and the carry-forward to subsequent years remain available, in each case again only against private disposal transactions.
What makes sense, then, is a sequence that starts with the calendar and looks at the price only at the end. First: which tranches are older than a year, and which wallet are they on? Second: what is the cost base of those tranches, are they in profit or at a loss? Third: how much gain from private disposal transactions have you already realized in this calendar year, and where do you stand relative to the 1,000 euro exemption limit? Only after that does the question of the price level become answerable at all. Our newsroom made the same calculation for XRP on August 24, 2026, back then after a weekly gain of 53 percent; the structure of the decision is identical, only the figures differ.
The gain from a taxable sale is not charged at the 25 percent flat-rate withholding tax that would apply to interest or dividends. It counts as other income under section 22 no. 2 in conjunction with section 23 of the Income Tax Act, forms part of taxable income, and is charged at your personal tax rate, plus the solidarity surcharge and, where applicable, church tax. Anyone already in the top tax bracket therefore loses considerably more than a quarter of the gain, while anyone on a low income loses correspondingly less.
The gain itself is defined by section 23 (3) sentence 1 of the Income Tax Act as the difference between the disposal price on one side and the acquisition costs plus income-related expenses on the other. Transaction fees on purchase and on sale therefore reduce the taxable gain, provided you can evidence them. On a sale through an exchange the fee appears in the statement; on a sale out of your own wallet the network fee belongs in the calculation. Which venues charge which fees depends heavily on volume and changes continuously.
What governs is the text of the law and the circular from the tax authorities, not the price report of the day. This worry has haunted forums for years, and it has a real background. Section 23 (1) sentence 1 no. 2 sentence 4 of the Income Tax Act extends the period to ten years where income is generated in at least one calendar year from the use of an asset. Applied to crypto that would mean anyone who stakes or lends their Ether and collects rewards for it would have to wait ten years.
The tax authorities have cleared this up. The Ministry of Finance circular of March 6, 2025, states verbatim in paragraph 63: For currency or payment tokens, the extension of the disposal period under section 23 (1) sentence 1 no. 2 sentence 4 of the Income Tax Act does not apply. For Ether as a currency and payment token, the one-year period therefore stands, even where the units generated income in the meantime.
The rewards themselves are to be considered separately. This income counts as income in its own right, and the units received are treated as acquired. A separate one-year period begins for them from the day of receipt, valued at the market price at that moment. Anyone receiving staking rewards weekly therefore accumulates new tranches with their own periods every week. Which providers withhold how much of that reward is something our newsroom broke down for fourteen providers on September 12, 2026.
The future of the holding period is currently the subject of political argument. Reports describe a draft from the Federal Ministry of Finance that provides for a cut-off date of December 31, 2026: for crypto assets acquired after that date the one-year period would fall away, while holdings acquired before it would remain under the law as it stands. None of this has been enacted. As long as no statute appears in the Federal Law Gazette, section 23 of the Income Tax Act applies in its present form, and it is under that form that you settle your sale this year.
For your decision today this means two things. First, a sale brought forward solely because of a possible change in the law is a bet on a draft. Second, such grandfathering would be an argument for leaving existing tranches intact, precisely because a newly purchased replacement holding could fall under the new rules. How the debate has developed since the summer was traced by our newsroom on September 8, 2026, in its article on grandfathering and the cut-off date.
Once the decision for a partial sale has been made, three variables remain under your control. The first is the timing within the calendar year. Because the exemption limit applies afresh for each calendar year, splitting a sale across the turn of the year can push the taxable gain into two years and keep it below the limit twice. The second is the wallet you sell from, because the order of use operates on a wallet basis. The third is the offset against losses from other private disposal transactions in the same year, which section 23 (3) sentence 7 of the Income Tax Act expressly permits.
Two things, by contrast, are not levers. Switching exchanges changes nothing about the period, because what counts is the acquisition and not the place of storage. And a transfer to another address of your own is no disposal, so it neither resets the period nor ends it; it can, however, make the allocation of tranches harder if it goes undocumented.
The burden of proof lies with you. In paragraphs 102 and 103 the Ministry of Finance circular lists what the tax offices may request. That includes the time of acquisition, the quantity acquired and the type of acquisition, the acquisition and incidental costs in euros, the time of disposal with quantity and trading platform, the disposal proceeds and disposal costs in euros, as well as the market price used together with its source where trading did not take place in euros. Expressly required on top of that is documentation of the chosen order of use per wallet and documentation of reallocations between wallets.
In practice this means the tax report is no retrospective paperwork exercise. It is the precondition for being able to evidence the tax exemption of an old tranche at all. Anyone who no longer holds purchase records from 2021 because the exchange has since shut down is left without proof in case of doubt. The statements of the bank account the money left at the time often help as supporting evidence.
Tax is a cost factor, not a prohibition. There are cases in which a taxable sale is the more sensible decision. Anyone servicing a loan at high interest earns a certain return by repaying it, while the price remains open. Anyone holding a single position so large that a fall by half would touch their life planning buys peace of mind with the tax. And anyone who needs money for a fixed expense in a few months should not leave it sitting in an asset that has swung between 1,405 and 2,881 euros this year.
Conversely, the blanket rule of taking profits after a rise as a matter of course is expensive in Germany while the one-year period is still running. Between a taxable sale today and a tax-free sale in a few months lies almost half the gain at a personal tax rate of 42 percent. The price has to deliver that difference first.
This article describes the legal position on the basis of the statute and the circular from the tax authorities; it is no substitute for tax advice in an individual case. Anyone who has to bring together several wallets, staking income and purchases from several years is better off with a tax adviser than with an estimate.
The sources in full: the text of section 23 of the Income Tax Act and the Ministry of Finance circular of March 6, 2025, on specific questions of the income tax treatment of certain crypto assets.
(As of September 14, 2026. This article is not investment advice. Prices and fee structures change; check the terms with the provider before you buy.)
