Bitcoin's tax-free holding period in Germany is politically up for debate. Anyone in Germany who holds Bitcoin for more than one year can currently sell tax-free – and parts of the political establishment want to abolish this rule. Resistance is forming: the initiative ProHaltefrist.de filed an official petition with the German Bundestag on May 30, 2026. We (Tobi & Henry) are official supporters of the campaign – and in this article we explain everything you need to know: what the holding period is, what is concretely at stake, how the petition works, and also why some Bitcoiners view the whole thing critically. Both sides belong on the table.
A quick note up front: we are not tax advisors, and this is not tax or legal advice. We write as Bitcoiners and shop owners from Hamburg who are affected ourselves – just like you probably are.
What is the holding period – and why does it exist?
For tax purposes in Germany, Bitcoin counts as an "other economic asset" under § 23 EStG (German Income Tax Act) – just like gold, art or collectibles. The logic behind it: Bitcoin generates no ongoing income. No dividends, no interest, no rental income. That's why it isn't treated like stocks, but like a private asset.
From this follows the rule you probably know:
- Selling after a holding period of more than 12 months: tax-free. Completely. No matter how big the gain is.
- Selling within 12 months: a private sale transaction – the gain is taxed at your personal income tax rate (exemption limit: €1,000 per year).
This rule is not a "tax loophole" but settled case law – Germany's Federal Fiscal Court confirmed the classification in 2023. And it rewards exactly what we have always stood for here: low time preference. Anyone who holds for more than a year, or even long-term, is not a day trader but a saver.
What is concretely at stake: the current tax plans
The political situation has escalated noticeably in 2026. The state of play (June 2026):
- The Greens have presented a draft bill: abolition of the holding period, taxation of all gains at the personal income tax rate – regardless of how long you held. The push failed in the Finance Committee for now, but it remains on the table.
- The SPD – above all Federal Finance Minister Lars Klingbeil – is examining new rules. A concrete draft bill has been announced for July 2026.
- The Left Party demands in a motion not only the abolition of the holding period, but additionally an exit tax and even a ban on Bitcoin trading.
- CDU/CSU have publicly positioned themselves against new Bitcoin taxes – a change is not part of the coalition agreement. The open question is whether this stance survives budget negotiations.
Two models are being discussed: a flat-rate capital gains tax as for stocks (25% plus solidarity surcharge, effectively around 26–28%) or the harsher variant at the personal income tax rate – depending on your income 30, 35, 42% or more. In both cases, long-term holding would become worthless for tax purposes. To put this in perspective: in the first case (the flat-rate capital gains tax), speculators and day traders who are taxed at their personal income tax rate today would actually be relieved and better off – they’d then pay “only” 25% plus solidarity surcharge and, where applicable, church tax. So the tightening would hit above all the long-term holders. How Bitcoin is taxed in Germany today in detail and what the models would concretely cost you is something we've run the numbers on in our 2026 tax guide.
Would it apply retroactively?
A genuine retroactive effect on holdings you bought under today's legal framework is considered constitutionally problematic (keyword: protection of legitimate expectations). Cut-off date models are more likely: existing holdings keep the old rules, new purchases from a date X fall under the new law. But: nothing here is guaranteed. Exactly this uncertainty is part of the problem – nobody can plan right now.
Why the holding period must stay
The three arguments that also carry the petition – and that we fully endorse:
1. Legitimate expectations and private provision. Hundreds of thousands of people in Germany save in Bitcoin long-term – as retirement provision, as a hedge, as a savings plan. They made their decisions based on the law as it stands. Those who provide for themselves privately take pressure off the state – and shouldn't be punished for it after the fact.
2. Germany as a location. Switzerland doesn't tax private Bitcoin gains at all. Portugal and the Czech Republic have attractive holding periods. If Germany abolishes its rule, capital, companies and talent will leave – and in the end the treasury collects less, not more.
3. Bureaucratic madness. Without the holding period, every single transaction would have to be declared – including FIFO calculations across multiple wallets and years. Millions of small savers would have to produce tax reports for amounts whose auditing costs the tax offices more than it brings in. The holding period is also an administrative simplification – for both sides.
The petition: what ProHaltefrist is doing and what the timeline looks like
Behind prohaltefrist.de stands a coalition from the German Bitcoin community: 139 supporters (and growing), including companies like Relai, Bison, Coinfinity and Coinsnap (which, by the way, also processes our Bitcoin payments), media like Blocktrainer, and a group of nine private individuals as the official petitioners. Also on board: our content and business partner Kevin from Bitfluss. And these 139 are not “just” 139 individuals: they are predominantly exchanges, media and influencers who each reach a great many people – and who inform their customers and followers about the petition and encourage them to co-sign.
This is how the procedure works:
- May 30, 2026: Petition filed with the German Bundestag. ✅
- Currently: Review by the Petitions Committee (experience says this takes 2–3 weeks). Publication is expected from around June 14, 2026.
- After that: a 6-week co-signing window. That is the decisive phase.
The goal: 30,000 co-signatures. If this mark is reached, the Petitions Committee can schedule a public hearing in the Bundestag – with the corresponding media and political attention, right in the hot phase before the announced draft bill.
How to co-sign
Co-signing happens exclusively via the Bundestag's official ePetitions platform. You need a free account on epetitionen.bundestag.de – a one-time setup – after which you can co-sign the petition with two clicks as soon as it goes live. Important to know:
- Your name, address and email are not displayed publicly. At most, a freely chosen pseudonym is visible.
- You do not have to be a German citizen and you do not have to live in Germany – the right to petition under Art. 17 of the German Basic Law applies to everyone. Austrians, Swiss and minors can co-sign too.
- Co-signing does not reveal whether you own Bitcoin. You're supporting a petition – that's all it says.
You'll find a detailed step-by-step guide with screenshots on the ProHaltefrist petition page. The ProHaltefrist page is now also available in English and Spanish – for internationally interested Bitcoiners, who are also allowed to co-sign. As soon as the direct co-signing link is live, you'll find it there – and we'll update this article as well.
The criticism from the Bitcoin space – and why we're still taking part
We wouldn't be Bitcoin21 if we left out the critical voices. On X and in the forums there's a real debate about the petition, and the objections aren't stupid. The three most common ones – and our honest answer to each:
"With a petition you turn yourself into a supplicant. Bitcoin doesn't need permission."
There's a kernel of truth in this argument, and we get it. Bitcoin works regardless of what the Bundestag decides – that's precisely the point of Bitcoin. Nobody has to ask the state for permission to hold Bitcoin.
But: the tax question doesn't affect Bitcoin, it affects you – your life in Germany, your retirement provision, your savings. Whether your sale in ten years is taxed at 0% or 42% is real money. A petition is not a confession of faith and not an act of submission – it's a tool with minimal cost (15 minutes) and a real potential payoff. You can be sovereign and represent your interests in the political process. One doesn't rule out the other.
"Is this a honeypot? No way am I registering with the state under my real name."
We take this concern seriously – privacy is no side topic for us. The facts: registration with the Bundestag requires your name and address (to prevent multiple signatures), but this data is not published and is only processed within the petition procedure. And crucially: co-signing says nothing about whether you own Bitcoin – only that you consider a particular tax rule sensible. Tax advisors, economists and people who have never owned a single sat do that too.
If that still goes too far for you: completely legitimate. Then support the cause in another way – talk to your Bundestag representative, share the arguments, inform the people around you. ProHaltefrist has built a representative-finder tool for exactly this, which finds your representatives by postal code.
"Petitions never achieve anything anyway. The committee can dismiss everything."
True: a petition is not a law and forces nothing. The Petitions Committee can reject it even with 100,000 signatures. Anyone hoping for miracles will be disappointed.
But that's not how the game works. The value lies elsewhere: 30,000+ co-signatures create a public hearing, media coverage and a measurable number that no member of parliament can ignore anymore – exactly in the window in which the draft bill is being written. One reason the Greens failed with their push in the Finance Committee was that there was pushback. Political pressure rarely works directly, but it shifts what counts as majority-capable. The alternative – doing nothing and complaining – has a success rate of exactly zero. Beyond that, the petition is also a worthwhile opportunity — and a big chance — to drive adoption and educate people about Bitcoin, provided the topic gets enough attention.
Why we registered Bitcoin21 as a supporter
Quite simply: we sell clothing for people who think about Bitcoin long-term. Low time preference is printed on our shirts and written into our articles – so we also have to stand up when exactly this long-term thinking is about to be punished by the tax code. The holding period is perhaps the most Bitcoin-friendly rule in German tax law, because it rewards patience instead of speculation.
That's why you'll find our logo among the supporters of ProHaltefrist, and that's why the initiative gets visibility on our homepage. No sponsorship, no paid placement – we get nothing for it. It's simply where we stand.
What you can concretely do now
- Now: Set up your account at epetitionen.bundestag.de (5 minutes). Then you're ready to go as soon as the petition is published.
- From around June 14: Co-sign the petition and carry the link into your network – family, colleagues, your local meetup. Every signature counts towards the 30,000 quorum, and truly anyone is allowed to co-sign.
- Independently of that: Contact your Bundestag representatives. A polite, factual letter from the constituency carries more weight than any tweet.
Frequently asked questions about the holding period and the petition
Has the Bitcoin holding period already been abolished?
No. As of June 2026, the one-year holding period applies unchanged in Germany: gains from Bitcoin sales are tax-free after a holding period of more than 12 months. There are political pushes to abolish it, but no law has been passed.
How much tax would I pay if the holding period falls?
Two models are being discussed: a flat-rate capital gains tax as for stocks (effectively around 26–28%) or taxation at the personal income tax rate (depending on income, up to over 42%) – in both cases regardless of how long you held.
Would a new Bitcoin tax apply retroactively?
A genuine retroactive effect is considered constitutionally problematic in Germany. Cut-off date rules with grandfathering for existing holdings are more likely. But this is not certain – there are currently no binding statements.
What exactly does the ProHaltefrist petition demand?
The preservation of the tax holding period under § 23 EStG for private sale transactions involving crypto assets, and the explicit retention of their classification as "other economic assets". It was filed with the German Bundestag on May 30, 2026.
When and where can I sign the petition?
Expected from mid-June 2026 on the official platform epetitionen.bundestag.de. prohaltefrist.de will publish the direct link once it goes live – and we'll update this article then as well.
Will my data be published when I co-sign?
No. Your name, address and email address are not displayed publicly and are processed by the Bundestag only within the petition procedure. At most, a self-chosen pseudonym is publicly visible.
Can anyone infer from my co-signature that I own Bitcoin?
No. Co-signing only documents that you support the preservation of a tax rule – not whether or how much Bitcoin you hold.
Can I co-sign if I don't live in Germany?
Yes. The right to petition under Art. 17 of the German Basic Law applies to everyone – including EU citizens, Swiss nationals, people residing abroad and minors.
What happens at 30,000 co-signatures?
From 30,000 co-signatures within the deadline, the Petitions Committee can hold a public hearing in the German Bundestag. The topic then receives official parliamentary treatment and significantly more public attention.
Does Bitcoin21 get anything for supporting the petition?
No. We back ProHaltefrist as supporters out of conviction – without payment, without anything in return. As savers and entrepreneurs we are affected by the holding period ourselves, like most of our community.
Our take
The holding period is more than a tax rule. It is the one piece of German tax law that rewards long-term thinking – and that is exactly what Bitcoin stands for. Whether the petition ultimately stops the law, nobody can promise. But 15 minutes of effort against a realistic chance of fending off 26–42% tax on your savings? That's the best risk-reward ratio you'll get this year.
Keep stacking sats,
Tobi & Henry
P.S.: Why patience may be the most important Bitcoin virtue is something you can read in our article Low Time Preference – What Bitcoin Teaches About Patience.
