Germany's crypto tax overhaul faces petition challenge and documentation concerns

  • Germany's proposed reform would tax many crypto gains as capital income after December 31, 2026.
  • Bitcoin and Ethereum would face a proposed 26.375% combined tax rate including solidarity surcharge.
  • The Finance Ministry proposed a 50% substitute basis for undocumented acquisition costs, with withholding reportedly beginning in 2028.

Germany's proposed crypto-tax overhaul remains under parliamentary scrutiny after a 30,000-signature petition opposing removal of the one-year holding-period exemption required a public Bundestag Petitions Committee response. The reform would classify many crypto gains as capital income and apply taxation to assets purchased after December 31, 2026, regardless of how long they are held. Bitcoin and Ethereum would face a proposed 25% tax plus a 5.5% solidarity surcharge, producing an effective rate of 26.375%. NFTs, certain stablecoins, security tokens and RWA tokens would remain exempt under the proposal. The current one-year exemption remains in force until any new law takes effect. The Federal Ministry of Finance has also proposed using 50% of sale proceeds as a substitute tax basis when taxpayers cannot credibly document acquisition costs, with withholding reportedly beginning in 2028. Circle's Patrick Hansen warned that the approach could overtax retail investors who bought near a loss or small profit, while Poellath partner Dr. David Hötzel said the 50% figure is not final but reliable records would be essential. The government estimates the regime would raise €160 million ($182.2 million) in 2028 and up to €350 million ($398.7 million) annually by 2031.

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