Germany's Federal Ministry of Finance has circulated draft legislation that would bring privately held crypto gains under the Abgeltungsteuer capital-income flat tax at 25%, the same rate applied to stocks and other securities, Der Spiegel reported on Sep 9, 2026, with same-day coverage from crypto.news and CoinDesk.
The tax would take effect in 2028. Crypto.news, citing Der Spiegel, says the proposed rules would cover crypto assets acquired after Jan 1, 2027. CoinDesk reported that existing holdings would keep the current tax treatment, which can allow tax-free sales after a 12-month holding period. Crypto.news separately notes that treatment of previously purchased holdings still needs a final decision as the draft moves through government review.
Under the current system, privately held crypto is treated as a private asset. Sales within 12 months can face personal income tax rates of up to 45%. Sales after more than one year are generally tax-exempt. A personal allowance is expected to remain; the current private-disposal threshold is cited as €1,000.
The Finance Ministry expects roughly €350 million in additional revenue from the crypto measure, according to Der Spiegel via crypto.news. Once crypto is under Abgeltungsteuer, gains could be offset against losses from stocks and other securities. Taxpayers whose personal rate is below 25% could request a Günstigerprüfung assessment.
Context: Finance Minister Lars Klingbeil said in an April budget presentation that the government intended to tax cryptocurrencies differently as part of a package expected to raise an extra €2 billion. In May, the Finance Committee rejected a Green Party proposal to remove the long-term exemption; the SPD said a separate government proposal was already underway. The draft has been sent to other federal ministries for review before cabinet and parliament.
Der Spiegel via crypto.news (Sep 9, 2026); CoinDesk RSS (Sep 9, 2026)