Cryptocurrency in Germany

Thanks to its cryptocurrency tax policy, Germany remains the most crypto-friendly country. According to Coincub analysts, the country takes first place in the ranking due to the lack of income tax for crypto holders. Thus, according to German law, storing BTC and other cryptocurrencies is possible for citizens of the country in traditional savings accounts and does not require payment of taxes.

What should you know about cryptocurrency in Germany?

The country legalized Bitcoin in 2013, designating it as a “digital cryptocurrency.” Moreover, financial authorities emphasized that they do not classify Bitcoin as electronic money or functional currencies.

Four years later, the national regulatory framework was updated, and the new classification began to classify Bitcoin as a “financial instrument.” In this interpretation, the German federal government and parliament clarified the wording by making the necessary amendments to the Banking Code. Bitcoin, in the German interpretation, has become “private money” or “a unit of financial accounting.”

Cryptocurrency in Germany automatically automatically fell into the “private trade operations” column. Taxes on income from these transactions also began to be levied.

In Germany, the “Spekulationsfrist” standard operates. The tax may be levied on all digital money purchases and sales transactions completed no earlier than 12 months ago.

Is bitcoin mining legal in Germany? Cryptocurrency mining does not fall under this tax category for individuals. German authorities classify companies specializing in operations with cryptocurrencies as financial and must comply with strict licensing requirements. Otherwise, registration will be denied. The authorized capital must be from €730 thousand, and the management unit must have all the necessary certificates to work with financial instruments and, in addition, send strict reporting to the German Federal Financial Supervision Authority.

Crypto assets in the country have been considered personal savings since 2017. They are accepted for payments by both banks and small private companies. VAT is charged on any purchases paid in crypto. But you don’t need to pay tax on the sale of digital currency.

Cryptocurrency in Germany

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Legal status of cryptocurrencies in Germany

Is crypto legal in Germany? Cryptocurrencies in Germany are considered legal assets but are not regarded as a means of payment.

Instead, regulators classify them as financial instruments or assets, subject to securities and investments rules and regulations.

The primary financial regulator that controls the German market is the Federal Financial Supervisory Authority (BaFin).

In 2020, the government passed a law requiring all cryptocurrency exchange operating in Germany to obtain a BaFin license. When applying for a license, you must provide the following:

  • evidence of the legal origin of the company’s initial capital;
  • a detailed business model (providing a business plan for the first three years of activity);
  • proof of personal and professional reliability of leading managers (including confirmation of an excellent criminal record of the founders);
  • examination of financial security from independent management and control bodies.

That is, the bureaucratic registration procedure is quite complicated and takes a lot of time.

The same law requires cryptocurrency platforms to comply with:

anti-money launderingAML
counter-terrorism financingCTF

 

This includes identifying and verifying customers, monitoring transactions, and reporting suspicious activity. Platforms not complying with AML and KYC rules may be fined up to €500,000. Companies found to be supporting money laundering or participating in the financing of terrorism will be fined up to €10 million.

Bitcoin is the most popular cryptocurrency in the world

Bitcoin is one of the most popular alternatives to traditional currencies and Bitcoin legal in Germany. It represents software code, a new generation of decentralized digital currency created and operating only on the Internet.

The Bitcoin system’s regulator is the algorithm embedded in the program. Its function is to ensure uninterrupted operation of the system. Transactions between users take place directly, without intermediaries, such as payment systems. No one can freeze a client’s account, but it is impossible to cancel an erroneous payment.

The main feature of Bitcoins is that they are not tied to any of the existing world government currencies. The Central Bank does not print this currency or operate under its rules.

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Advantages of Bitcoin

Bitcoin has several advantages over traditional metal and paper money.

The main advantage of Bitcoin is the simplification of cross-border payments and access of small and medium-sized businesses in Germany to international markets. International payments have become almost instantaneous and safe; sellers and buyers do not need to agree on the payment currency since Bitcoin can be converted into any of them.

The Bitcoin system is stable because it is based on crypto graphic code. Cryptocurrency coins can be divided into millions of small particles and instantly sent anywhere there is an Internet connection.

Bitcoins are stored in a special application—an electronic wallet. You can have as many electronic wallets as you like, and the number and size of them are not limited.

Faq

Yes, cryptocurrencies are considered legal assets in Germany. However, they are not classified as legal tender. Instead, they are regarded as financial instruments or assets subject to securities and investment regulations. The Federal Financial Supervisory Authority (BaFin) is the main regulator overseeing the German cryptocurrency market. This legal framework ensures that crypto transactions and exchanges comply with strict regulatory standards to prevent money laundering and financing terrorism. Thus, while cryptocurrencies can be legally traded and held, their usage is governed by specific financial regulations.

Bitcoin is legal in Germany and has been since 2013. Initially designated as a “digital cryptocurrency,” Bitcoin is now classified as a “financial instrument” under German law. This reclassification means Bitcoin is treated as private money, subject to financial regulations rather than as a currency for daily transactions. German financial authorities have established a comprehensive legal framework to ensure Bitcoin transactions adhere to anti-money laundering (AML) and counter-terrorism financing (CTF) regulations. Therefore, while Bitcoin is legally recognized and can be traded, it operates within a well-defined regulatory environment.

Bitcoin mining is legal in Germany. Individuals mining Bitcoin are not subjected to specific taxes for their mining activities if they do not exceed certain income thresholds. However, companies specializing in cryptocurrency mining must comply with stringent licensing requirements. These include obtaining a BaFin license, demonstrating the legal origin of their initial capital, and maintaining strict financial records. Companies must also adhere to AML and CTF regulations. Thus, while individual mining is relatively straightforward, corporate mining operations face rigorous regulatory oversight.

Cryptocurrency taxation in Germany depends on the nature and duration of the holding. If you hold cryptocurrencies for more than a year, the profits from their sale are tax-free. However, if sold within a year, profits are subject to personal income tax, which can be as high as 42%. There are also non-taxable thresholds; for instance, profits below €600 per year are not taxed. Moreover, specific rules apply to different types of crypto income, such as mining, staking, and airdrops. The tax policy in Germany aims to encourage long-term investment while ensuring compliance with tax regulations.

To buy cryptocurrency in Germany, you can use various regulated cryptocurrency exchanges like Binance, Bitpanda, and Coinbase. These platforms require you to register, verify your identity, and link a bank account or credit card. Once set up, you can buy cryptocurrencies such as Bitcoin, Ethereum, and others using Euros. Additionally, Germany’s regulatory framework ensures these platforms adhere to strict AML and CTF regulations, providing a secure environment for buying and trading cryptocurrencies. It’s essential to choose reputable exchanges to ensure the safety of your investments and compliance with German laws.

The best cryptocurrency wallets in Germany include Ledger Nano X, Trezor Model T, and the Trust Wallet. Ledger Nano X and Trezor Model T are hardware wallets known for their robust security features, suitable for long-term storage. Trust Wallet, a mobile wallet, offers user-friendly interfaces and supports multiple cryptocurrencies, making it ideal for everyday use. These wallets provide high-security standards, ensuring your digital assets are protected from cyber threats. Choosing a reliable wallet is crucial for safeguarding your cryptocurrencies, especially in a regulated market like Germany.

Cryptocurrency regulations in Germany are comprehensive and enforced primarily by BaFin. The regulations classify cryptocurrencies as financial instruments, subjecting them to securities and investment rules. All crypto exchanges operating in Germany must obtain a BaFin license, comply with AML and CTF laws, and ensure robust customer verification processes. Additionally, regulations cover the taxation of crypto profits, the legal framework for crypto businesses, and guidelines for new financial products involving cryptocurrencies. This regulatory environment aims to foster a secure and transparent crypto market in Germany.

To invest in cryptocurrency in Germany, start by choosing a reputable and regulated exchange like Kraken, Bitpanda, or Binance. Register and complete the KYC process. Fund your account using a bank transfer or credit card, and then purchase your desired cryptocurrency. Consider diversifying your investments across different cryptocurrencies to mitigate risk. Additionally, stay informed about the latest market trends and regulatory updates. Long-term investments are encouraged, as holding cryptocurrencies for over a year can exempt you from taxes on profits. Always ensure compliance with German regulations when investing.

Yes, there are safe cryptocurrency investments in Germany, primarily due to the country’s stringent regulatory environment. Investing in well-established cryptocurrencies like Bitcoin and Ethereum through regulated exchanges such as Coinbase, Kraken, and Bitpanda offers a high degree of security. Utilizing reputable wallets like Ledger or Trezor for storing your assets further enhances security. Additionally, long-term holding strategies can be beneficial, as profits from holding cryptocurrencies for over a year are tax-free. Always ensure that you stay updated with the latest regulatory changes and market trends to maintain the safety of your investments.

Cryptocurrency trading platforms in Germany are well-regulated and must adhere to strict guidelines set by BaFin. These platforms, such as Bitpanda, Kraken, and Binance, offer robust security features, including AML and CTF compliance, to ensure safe trading environments. They provide various services, including buying, selling, and trading a wide range of cryptocurrencies. Additionally, these platforms must maintain transparency and adhere to stringent reporting standards, making them reliable options for cryptocurrency trading in Germany. The regulatory framework aims to protect investors and maintain market integrity.

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