Bitcoin2Go|07. Juli
DECISION: Holding Period on the Brink, Crypto Taxes Like Stocks!? - Everything You Need to Know Now!
Summary: Crypto Tax Update – Holding Period, Tax Return & MiCA
This video covers three crucial topics for crypto investors in Germany:
1. Deadline for 2025 Income Tax Return
- Deadline: The regular deadline for tax year 2025 is July 31, 2025 (or February 13, 2027, with a tax advisor).
- Requirement: If you have crypto income exceeding the tax-free allowance, you must file a tax return.
- Consequences of missing: Late filing penalty, tax assessment estimates, interest, and in severe cases, potential charges of tax evasion.
- Tip: Hire a tax advisor in time to benefit from the extended deadline and avoid extra costs.
2. MiCA Regulation (Markets in Crypto-Assets)
- Status: Since July 1, 2025, all crypto exchanges in the EU must hold a license. Unregulated platforms can no longer offer their services.
- Tax implications:
- No taxable event: Transferring assets to a cold wallet is tax-neutral.
- Taxable event: Swapping USDT (or other coins) counts as a disposal and may trigger gains or losses.
- Risk: Forced sales by the exchange are also taxable.
- Recommendation: Download transaction histories from all exchanges while they are still available. Use tools like Cointracking for reconciliation.
3. Planned Abolition of the Holding Period for Cryptocurrencies
- Status: The Federal Ministry of Finance has signaled in a letter that the holding period should be abolished. Crypto assets would then be taxed like stocks (capital gains tax: 25% + solidarity surcharge + church tax).
- Current rule: Gains from private sales are tax-free after a one-year holding period.
- Potential impacts:
- Loss of tax-free status for gains after one year.
- Systematic criticism: Bitcoin & Co. are not stocks (no ownership, no voting rights, no dividends). Experts see them more like gold or foreign currencies.
- Grandfathering: Historically, stocks received grandfathering in 2009. A similar rule could apply to crypto (assets before a certain date remain tax-free).
- Timeline: The 2027 budget suggests an implementation no earlier than 2027/2028. Several steps are still needed (draft bill, cabinet, parliament, publication).
- Recommendation: No panic selling! Selling old holdings now could forfeit grandfathering rights. Consider alternatives like loans.
Outlook and Conclusion
- The abolition of the holding period is not yet law, but a political debate. Legal hurdles and constitutional concerns (retroactivity, grandfathering) make rapid implementation unlikely.
- Action items now: File your tax return on time, document all transactions, and stay calm amidst market noise.
- Petition: An industry-supported petition against the abolition of the holding period is underway.
Important links in the video description (including Cointracking, templates, and petition).
