Glossary · Tax & law

Holding period (speculation period)

In Germany, the gain from selling privately held bitcoin is tax-free if more than one year passes between purchase and sale (§ 23 EStG, as of September 2026). Each purchase has its own holding period.

Alsospeculation periodone-year ruleone-year holding periodHaltefristSpekulationsfrist

Updated 28 September 20263 sourcesMore terms starting with H

On the learning path: Stage 6 · Step 3 – Bitcoin & tax

If you sell privately held bitcoin within one year of buying them, that is a GlossaryPrivate disposal transaction (privates Veräußerungsgeschäft)A German tax term from § 23 EStG: if you sell or swap privately held bitcoin within one year of buying them, the gain is taxable – unless all such gains in that year together stay below the €1,000 exemption limit.On the learning path: Stage 6 · Step 3 – Bitcoin & tax →In the glossary → and the gain is taxable. If more than a year passes in between, the gain is tax-free – however large it is.[1]

The rules

  • Each purchase counts separately. With a savings plan, each instalment has its own holding period.
  • Order: if it can’t be determined which bitcoin you are selling, the ones bought first count as sold first (GlossaryFIFO (first in, first out)A tax ordering rule: in Germany, if you can’t prove which bitcoin you sold, the ones bought first count as sold first for the holding period – assessed per wallet.On the learning path: Stage 6 · Step 3 – Bitcoin & tax →In the glossary →) – separately for each wallet.
  • Paying with bitcoin counts as selling – and so does swapping them for another crypto-asset.
  • No extension to ten years: even if you lend out bitcoin, the period stays at one year.[2]

Example: you buy on 15 March 2025. If you sell on or after 16 March 2026, the gain is tax-free. If you sell on or before 15 March 2026, it is taxable – unless your total gain from private disposal transactions that year stays below the GlossaryExemption limit (€1,000 Freigrenze)In Germany, gains from private disposal transactions stay tax-free if they total less than €1,000 in a calendar year. From €1,000, the entire gain is taxable.On the learning path: Stage 6 · Step 3 – Bitcoin & tax →In the glossary → of €1,000.[1] The holding period calculator works out your own dates.

Will the holding period be abolished?

According to a law firm’s analysis, a draft bill (Referentenentwurf) from the Federal Ministry of Finance proposes a 25% flat-rate withholding tax plus solidarity surcharge on crypto-assets bought after 31 December 2026; for earlier purchases, the one-year rule would remain. This has not been adopted (as of 28 September 2026).[3] The reform tracker shows the latest status.

Related terms

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More from „Tax & law“

Sources3 sources · 3 publishers

The superscript numbers in the text refer to these sources.

  1. § 23 EStG – Private Veräußerungsgeschäfte – Bundesministerium der Justiz (gesetze-im-internet.de) (accessed 28/09/2026)
  2. Einzelfragen zur ertragsteuerrechtlichen Behandlung bestimmter Kryptowerte (BMF-Schreiben) – Bundesministerium der Finanzen (German Federal Ministry of Finance), 06.03.2025 (accessed 28/09/2026)
  3. Krypto-Besteuerung ab 2027: Was der Referentenentwurf zur Abgeltungsteuer konkret vorsieht – Ruge Fehsenfeld Rechtsanwälte, 10.09.2026 (accessed 28/09/2026)

This entry is for education only and is not investment, tax or legal advice.

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