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Home » International regulation » Germany’s crypto community mobilizes to protect the one-year tax exemption for Bitcoin

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Picture of Ignacio Ferrer-Bonsoms

Ignacio Ferrer-Bonsoms

Ignacio Ferrer-Bonsoms is a business lawyer and founder of the Blockchain Arbitration & Commerce Society (BACS), an initiative focused on the development of legal infrastructure for the digital economy.

His work centers on how legal systems interact with emerging technologies such as blockchain, digital assets and artificial intelligence, with a particular focus on cross-border structures, dispute resolution and legal enforceability.

He has been involved in the structuring of digital and blockchain-related projects across multiple jurisdictions, providing him with a practical perspective on how these systems operate and where they face limitations.

Through BACS, he develops frameworks and proposals aimed at bridging the gap between law and technology, contributing to the evolution of legal systems in digital environments.

He is the author of Bitcoin Digital Law, where he explores blockchain as an emerging form of digital legal order and analyzes its implications for traditional legal frameworks.

Home » International regulation » Germany’s crypto community mobilizes to protect the one-year tax exemption for Bitcoin
24 de June de 2026

Germany’s crypto community mobilizes to protect the one-year tax exemption for Bitcoin

Bitcoin Bitcoin Bundesverband Bitcoin Digital Law Bitcoin Taxation Blockchain Governance Blockchain Law Crypto Regulation Crypto tax Cryptocurrency Taxation digital assets digital assets regulation Digital Economy Digital Justice Digital Law Digital Property Rights Digital Rights Economic Freedom European Crypto Policy Financial Freedom Germany Crypto Regulation Internet Jurisdiction Legal Certainty Legal Infrastructure Long-Term Savings MiCA Private Digital Law ProHaltefrist Property Rights Tax Policy Web3 law

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For years, Germany has been regarded as one of the most favorable jurisdictions in Europe for long-term Bitcoin holders.

Under current German tax law, individuals who hold Bitcoin and other cryptoassets for more than one year can generally dispose of those assets without paying capital gains tax.

This rule has become one of the most distinctive features of Germany’s approach to digital assets.

Now, that framework is facing political pressure.

In response, a new grassroots initiative, ProHaltefrist.de, has launched a public campaign aimed at preserving the one-year holding period exemption and protecting what many Bitcoin advocates consider a cornerstone of long-term savings and legal certainty.

The initiative has formally submitted a petition to the German Bundestag and is seeking broad support from both German citizens and the international Bitcoin community.

While the debate appears to focus on taxation, its implications extend much further.

At stake is a broader question about how states should regulate digital assets and whether long-term participation in the digital economy should be encouraged or discouraged through tax policy.

The importance of the one-year holding period

Under Germany’s current tax framework, gains derived from the sale of Bitcoin and certain other cryptoassets are generally exempt from taxation when the assets have been held for more than one year.

The rule is based on Section 23 of the German Income Tax Act and has provided investors with a relatively clear and predictable framework.

Supporters argue that the exemption serves several important functions.

First, it encourages long-term savings rather than short-term speculation.

Second, it provides legal certainty for individuals building wealth through digital assets.

Third, it places Bitcoin and cryptoassets in a similar category to other private assets such as precious metals or collectibles, which may also benefit from long-term holding exemptions under certain circumstances.

According to the organizers of ProHaltefrist.de, eliminating the exemption would fundamentally alter the economic incentives surrounding Bitcoin ownership in Germany.

Rather than rewarding long-term holding, it would subject all gains to taxation regardless of how long the asset had been held.

A community-driven response

The campaign argues that individuals who hold Bitcoin for years are not engaging in speculative day trading.

Instead, they are building long-term savings and assuming personal responsibility for their financial future.

The organizers therefore reject the characterization of the one-year exemption as a tax loophole.

In their view, it is a well-established legal framework that supports responsible asset ownership and financial independence.

The initiative has now entered the Bundestag petition process.

If the petition receives sufficient support after publication on the official parliamentary platform, it could ultimately lead to a public hearing before the Bundestag’s Petitions Committee.

The campaign has identified a target of 30,000 supporters as a key milestone.

Importantly, support is not limited to German citizens.

According to the organizers, individuals from around the world will be able to support the petition once it becomes publicly available through the Bundestag’s petition platform.

More than a tax debate

Although the discussion concerns taxation, the underlying issue reflects a broader global trend.

Governments around the world are increasingly attempting to integrate digital assets into existing legal and financial systems.

The European Union has introduced MiCA.

The United States is advancing legislative initiatives such as the GENIUS Act and the CLARITY Act.

Japan is considering reforms that could integrate cryptocurrencies more deeply into financial markets.

Germany’s debate over the holding period exemption forms part of this wider process.

The central question is no longer whether Bitcoin and digital assets should exist within the legal system.

That question has largely been answered.

The real debate concerns how states should interact with digital assets and what incentives they should create for participation in the emerging digital economy.

Bitcoin, savings, and the digital economy

The discussion also touches on a fundamental characteristic of Bitcoin.

Unlike many speculative financial products, Bitcoin has increasingly been adopted by individuals as a long-term store of value.

A significant proportion of Bitcoin holders maintain positions for years rather than months.

This behavior resembles traditional savings more closely than short-term speculation.

Supporters of the exemption argue that tax policy should recognize this distinction.

If governments wish to encourage responsible long-term capital formation, they should avoid frameworks that treat long-term holders and short-term traders identically.

Whether policymakers ultimately agree remains uncertain.

However, the debate illustrates how Bitcoin is gradually becoming integrated into broader discussions about taxation, property rights, savings policy, and economic freedom.

The Internet Jurisdiction perspective

From the perspective developed by BACS, initiatives such as ProHaltefrist.de highlight a broader transformation taking place within the digital economy.

Bitcoin operates globally.

Its users interact across borders.

Its rules function independently of national territories.

Yet states continue to shape how individuals interact with these systems through taxation, regulation, and legal recognition.

This dynamic reflects the growing interaction between traditional legal systems and what BACS has described as the Internet Jurisdiction.

As explored in our article The Internet Jurisdiction Already Exists (Even If It Is Not Yet Recognized), digital assets increasingly exist within a legal environment that transcends national borders while remaining connected to domestic legal systems.

The challenge facing policymakers is not whether this new reality exists.

The challenge is determining how legal frameworks can coexist with global digital infrastructures without undermining the innovation and economic opportunities they create.

Conclusion

The ProHaltefrist.de initiative is about more than preserving a tax exemption.

It reflects a broader debate about the future relationship between states, digital assets, and individual economic freedom.

For supporters, the one-year holding period is not a loophole.

It is a mechanism that rewards long-term thinking, encourages savings, and provides legal certainty.

For policymakers, the challenge is balancing those objectives against the need for effective and coherent tax policy.

Regardless of the outcome, the debate demonstrates that Bitcoin is no longer a peripheral technological experiment.

It has become part of mainstream discussions about taxation, property, regulation, and the future architecture of the digital economy.

As governments continue adapting to this new reality, questions such as these will increasingly shape the evolution of the Internet Jurisdiction in the years ahead.

 

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If you wish to submit your publication, please email info@bacsociety.com or use the form.

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