13.03.2025MOF issues updated decree on income tax treatment of specific crypto assets
Updated guidance replaces 2022 decree
The German Ministry of Finance (MOF) on 6 March 2025 published a decree (and provided an English translation) on the income tax treatment of specific crypto assets. The decree is intended to update and replace a prior decree that was published on 10 May 2022 (see GTLN dated 13 May 2022).
The updated decree no longer uses the terminology “virtual currency and other tokens” but now uses “crypto assets” in order to be in line with terminology that is used for regulatory purposes.
The updated decree includes detailed comments related to tax filing, cooperation, and recordkeeping obligations (recitals 87 through 105). The updated decree also adds several fact patterns and the tax authorities’ views on various issues, including on the definition of tax reporting in relation to crypto assets (recital 29b), the claiming of remuneration in case of passive staking activities (recitals 13 and 48a), and the determination of trading values for transactions (recitals 43, 58, and 91).
The MOF stated in the updated decree that non-fungible token (NFT) and liquidity mining activities are not part of the decree but might be included in future guidance.
The MOF announced that it is monitoring and analyzing future issues around crypto assets in cooperation with the tax authorities at state level and business organizations, and that additional guidance may be issued.
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