In Germany, if you hold Bitcoin for more than a year, you can sell it tax-free today. To keep that rule, the ProHaltefrist.de initiative submitted a petition to the Bundestag in May 2026, and we backed it as supporters. Since then, the German Finance Ministry has moved to scrap the holding period (Haltefrist) for new purchases. Here we tell you how the petition went, what was said at the hearing in the Bundestag, why some Bitcoiners are critical of the whole thing and what you can still do now.
First things first: we’re not tax advisors, and this isn’t tax or legal advice. We’re writing as Bitcoiners and shop owners from Hamburg who are affected ourselves, just like you probably are.
Where things stand (20 October 2026)
- The holding period still applies. Until a new law comes into force, Bitcoin gains are tax-free after one year.
- The Finance Ministry’s draft is out. It would abolish the holding period for anything bought after 31 December 2026.
- The cabinet hasn’t decided yet. The cabinet discussion planned for 14 October didn’t happen. According to the ministry, the ministries are still coordinating among themselves. No new date has been announced.
- The petition is closed and has been discussed. 44,439 signatures, and a public session of the Petitions Committee (Petitionsausschuss) on 12 October. The committee’s recommendation to the Bundestag is still pending.
What exactly the draft says and what it would cost you is in our Bitcoin tax guide for 2026. This article is about the petition.
What is the holding period, and why does it matter?
For tax purposes, Bitcoin in Germany counts as an “other asset” under § 23 EStG (the German Income Tax Act), just like gold, art or collectibles. That’s where the rule you probably know comes from:
- Selling after more than 12 months: tax-free, no matter how big the gain.
- Selling within 12 months: the gain is taxed at your personal income tax rate, with an exemption limit (Freigrenze) of €1,000 a year.
The holding period is written into the law, and the Federal Fiscal Court (Bundesfinanzhof) confirmed in 2023 that it applies to Bitcoin too. It rewards exactly what we keep writing about here: low time preference. If you hold Bitcoin for years, you’re a saver, not a day trader.
What the government is planning
On 6 July 2026 the cabinet adopted the draft budget for 2027 and announced in it that the holding period for crypto-assets would be abolished. Since 30 September, the Finance Ministry’s draft bill (Referentenentwurf) has been on the table. The key points:
- For purchases from 1 January 2027, gains would be subject to the flat-rate withholding tax (Abgeltungsteuer), effectively 26.375%, however long you hold.
- Whatever you buy up to 31 December 2026 would keep today’s one-year rule.
- If the exchange doesn’t know your purchase price and can’t take over your figures, half of the sale proceeds would be used as a flat basis for the tax deduction. For self-custodians, proof of when you bought and what you paid becomes crucial.
A separate draft from the Greens, which would have taxed gains at your personal income tax rate, failed in the Bundestag on 8 October. Where each party stands is in the tax guide.
Why the holding period should stay
The petition rests on three arguments, and we fully agree with all of them:
1. Legitimate expectations and private retirement saving. Many people in Germany save in Bitcoin for the long term, for retirement or through a savings plan. They made their decisions based on the law as it stands. The draft sets a cut-off date for holdings up to the end of 2026, but that doesn’t cover savings plans that keep running afterwards. People who save privately for their old age take pressure off the state and shouldn’t be put at a disadvantage for it.
2. Germany as a place to do business. Other countries in Europe take different approaches. Switzerland exempts private capital gains from Bitcoin from income tax, but only for private assets, and cantonal wealth tax applies to your holdings. Portugal exempts gains after a holding period of 365 days, Czechia after three years, capped at 40 million koruna a year. All three rules come with conditions. Our worry is that capital, companies and people will leave if Germany scraps its rule.
3. Red tape. Without the holding period, every sale would matter for tax. German providers are supposed to withhold the tax directly from 2028. But if you self-custody, buy through foreign exchanges or pay with Bitcoin, you’d still have to do the maths yourself, with FIFO across several wallets and years, and the tax offices would have to check it all. The holding period makes this simpler for both sides.
The petition: how it went
Behind ProHaltefrist.de is an alliance from the German Bitcoin community, which by its own count most recently had almost 200 supporters (as of June 2026). They include companies like Relai, Bison, Coinfinity and Coinsnap, which by the way also handles our Bitcoin payments, media like Blocktrainer, and nine private individuals as the official petitioners. Our content and business partner Kevin from Bitfluss is on board too. Many of the supporters have a big reach and told their customers and followers about the petition.
- 30 May 2026: The petition is submitted to the German Bundestag.
- 4 August 2026: The Bundestag publishes it as number 201716, and from now on people can sign it.
- 5 August 2026: The quorum of 30,000 signatures is reached after just over a day. The signing period ran for six weeks.
- 15 September 2026: Signing closes with 44,439 supporters.
- 12 October 2026: Public session of the Petitions Committee.
- Still open: the committee’s recommendation to the Bundestag.
Once a petition gets 30,000 signatures within the deadline, it’s due for a public discussion in the Petitions Committee. That took place on 12 October.
The hearing on 12 October
Petitioner Nicole Nowak presented the petition to the committee, accompanied by Ingo Heuel, a tax advisor and specialist lawyer for tax law. Nowak called the planned abolition a mistake. For many people, she said, Bitcoin is “not a tool for gambling or speculation, but a conscious, long-term decision to save” (we translated all quotes from the German). The reform, she argued, could end up giving relief to short-term speculators with high incomes, of all people, while putting an extra burden on long-term savers.
Heuel told the ministry that anyone who wants to cram crypto-assets into income from capital investments has to explain why they aren’t cramming gold in there as well: “At least so far, I can’t find that explanation in the draft bill.” The ministry sees crypto-assets as closer to capital investments and pointed to the ongoing coordination between the ministries. One representative did admit, though, that it was “quite difficult” to take the holding period away from crypto-assets alone. As an alternative, he mentioned abolishing the holding period for all other assets too, gold included.
You can watch the whole session on video (in German). The part on crypto-assets runs until minute 38.
What happens to the petition now
Signing has closed, and petition 201716 is with the Petitions Committee. Next, the committee will put a recommendation to the Bundestag, and nobody knows yet when. For everyone who signed:
- The 44,439 signatures are an officially documented figure. That number stays, even if the committee takes its time, and anyone can refer to it as the process goes on.
- Your details were not shown publicly and were only processed as part of the petition procedure. At most, a pseudonym of your choice was visible.
- Signing doesn’t reveal whether you own Bitcoin. It only shows that you supported a petition.
The initiative’s arguments are still up on the ProHaltefrist petition page, in English and Spanish too. The page hasn’t been updated since before the deadline, though, and in places it still promotes the signing period that has already ended.
The criticism from the Bitcoin space
On X and in forums, people argued about the petition in earnest, and the objections weren’t stupid. Here are the three most common ones and how we see them:
“A petition turns you into a supplicant. Bitcoin doesn’t need permission.”
There’s some truth in that. Bitcoin works no matter what the Bundestag decides, and nobody has to ask the state for permission to hold Bitcoin.
The tax question does affect you, though: your life in Germany, your retirement savings, the money you’ve put aside. Whether selling Bitcoin you buy from 2027 means paying 0% or 26.375% tax in ten years’ time is real money. To us, a petition is a tool that costs little and can make a difference. You can be sovereign and still stand up for your interests in the political process.
“Is this a honeypot? I’m not registering with the state under my real name.”
We take that concern seriously, privacy is no side topic for us. Registering with the Bundestag requires your name and address so nobody can sign more than once. But that data isn’t published and is only processed for the petition procedure. Plenty of people think a tax rule makes sense, including tax advisors, economists and people who’ve never owned a single sat.
If that still goes too far for you, there are other ways to support the cause: talk to your members of the Bundestag, share the arguments, explain to the people around you what it’s about. ProHaltefrist offers wording suggestions for this, and you can find your representatives through the Bundestag’s member search.
“Petitions don’t achieve anything anyway. The committee can throw it all out.”
True, a petition doesn’t force anything, and the committee can say no even with 100,000 signatures. Its value lies elsewhere: 44,439 signatures are a documented figure, and they came together exactly while the draft was being written. The hearing on 12 October showed what that achieves. The ministry had to justify its draft in public, and the question about gold is now on the record. Political pressure rarely works directly, but it shifts what’s seen as able to win a majority. And some people probably thought seriously about Bitcoin for the first time because of the petition.
Why we’re on board as supporters
We make clothing for people who think long term about Bitcoin. Low time preference is the idea behind our pieces and behind many of our articles. So we can’t look away when exactly this kind of long-term thinking is about to be put at a tax disadvantage. The holding period may be the most Bitcoin-friendly rule in German tax law, because it rewards patience over speculation.
That’s why our logo is among the supporters of ProHaltefrist. We get nothing for it, no sponsorship and no paid placement. As Bitcoin savers and business owners, we’re affected ourselves.
What you can do now
- Talk to your members of the Bundestag. That’s the lever that’s still open. The draft is stuck in coordination between the ministries, after that come the cabinet, the Bundestag and the Bundesrat, and changes are possible at every stage. A polite, factual letter from your own constituency carries more weight than any tweet. You’ll find help with that here.
- Document your purchases. If the draft goes through as it is, proof of purchase date and purchase price decides whether your existing holdings stay protected. Especially if you self-custody, you should be able to back up both without gaps.
- Work out what’s at stake for you. What applies today and what would actually change is in our 2026 tax guide. We’ll update both articles as soon as the cabinet has decided.
FAQ on the holding period and the petition
Has the Bitcoin holding period already been abolished?
No. There’s a draft bill from the German Finance Ministry that would abolish it for purchases from 2027. The cabinet discussion planned for 14 October 2026 didn’t take place. After a cabinet decision, the Bundestag and the Bundesrat would still have to approve it. Until then, the one-year holding period applies.
How much tax would I pay if the holding period goes?
The draft provides for the flat-rate withholding tax: 25% plus the solidarity surcharge (Soli), effectively 26.375%, regardless of how long you hold. On a €20,000 gain, that would be €5,275, before the saver’s allowance (Sparer-Pauschbetrag) and church tax. If your allowance hasn’t been used up yet, it’s around €5,010. Under the draft, this only applies to purchases made after 31 December 2026.
Would a new Bitcoin tax apply retroactively?
The draft works with a cut-off date instead of retroactive effect: the new rules would apply to crypto-assets bought after 31 December 2026. Older holdings keep the one-year rule. But if the provider can’t trace the purchase price, a purchase after the cut-off date is initially assumed for the tax deduction, so in practice the burden of proof is on you.
What exactly does the ProHaltefrist petition call for?
Keeping the holding period under § 23 EStG for private sales of crypto-assets, and continuing to treat crypto-assets as other assets. It was submitted to the German Bundestag on 30 May 2026.
Can I still sign the petition?
No. Signing for petition 201716 closed on 15 September 2026 with 44,439 supporters. On 12 October 2026 the Petitions Committee discussed it in public, and its recommendation is still pending.
Was my data published when I signed?
No. Your name, address and email address weren’t shown publicly and were only processed by the Bundestag for the petition procedure. At most, a pseudonym you chose yourself was visible.
Can anyone tell from my signature that I own Bitcoin?
No. Signing only shows that you support keeping a tax rule, not whether you own Bitcoin or how much.
Could people who don’t live in Germany sign too?
Yes. The right to petition under Article 17 of the German Basic Law (Grundgesetz) applies to everyone, including EU citizens, Swiss citizens, people living abroad and minors.
What happens at 30,000 signatures?
Once a petition gets 30,000 signatures within the deadline, it’s due for a public discussion in the Petitions Committee. The mark was passed on 5 August 2026, and the public session took place on 12 October 2026.
Does Bitcoin21 get anything for supporting the petition?
No. We support ProHaltefrist without payment and without anything in return. As Bitcoin savers and business owners, we’re affected by the holding period ourselves.
Our take
To us, the holding period is a piece of German tax law that rewards long-term thinking, and that’s exactly what Bitcoin stands for. Nobody can promise that the petition and the hearing will change the law in the end. But an email to your representatives only takes you a few minutes, and what’s at stake is 26.375% tax on gains from purchases made from 2027 onwards.
Keep stacking sats, Tobi & Henry
P.S.: Why patience might be the most important virtue in Bitcoin is something we write about in our article Low Time Preference: What Bitcoin Teaches About Patience.
Behind this article is a small shop from Hamburg: Bitcoin21 makes clothing for Bitcoiners, from our Bitcoin socks to our Bitcoin T-shirts.
