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Crypto Tax Austria by CoinTracking


What should be considered by selling cryptocurrencies in terms of tax in Austria?


1. Crypto sales tax in Austria. 


The profit from the sale of cryptos counts as capital income in Austria. The profits from these realized increases in value are taxed at the special tax rate of 27.5%. Taxes are only incurred on the appreciation of cryptocurrencies when they are exchanged for fiat currency, such as EUR or USD. Crypto-to-crypto transactions do not incur any taxes.


Example for the tax calculation of crypto sales


A buys 1 BTC for 100€ on 01/01/2022. On 01/05/2022, A sells this 1 BTC for 1000€. The realized gain from the increase in value of 900€ (1,000€ - 100€) is taxable at the special tax rate of 27.5%. 


This is how crypto sales are presented in CoinTracking.


The purchase and sale of crypto is entered into CoinTracking with the transaction type "Trade". 


Profits and losses from cryptocurrency trading are reported in our tax report under "1.1. Income from realized appreciation § 27b para. 3 EStG". 


2. Crypto tax in Austria for income from speculative transactions with NFTs


The profit from trading with NFTs counts as income from speculative transactions in Austria. If the holding period is less than one year, the profits generated are taxable at the personal income tax rate. 


Example for the tax calculation of NFT sales


A buys a Board Ape on OpenSea on 01/01/2022 for €2,000. On 01/05/2022, he sells the Board Ape for 4.000€. The speculation period of one year was undercut. The realized speculative gain of 2,000€ is taxable at the personal income tax rate of A. If A had waited one year with the sale, his speculative gain would have been tax-free. 


How the sale of NFT’s is represented in CoinTracking.


The purchase and sale is entered in CoinTracking with the transaction type "Trade". 



NFTs can be classified in more detail in the CoinTracking NFT Center. Gains and losses from trading NFTs are reported in the Tax Report under "1.5. Income from speculative transactions with NFTs § 31 EStG" if the holding period of one year is not met.


3. Taxes on crypto exchange in Austria.


The exchange of crypto to crypto is not a taxable transaction in Austria. Therefore, a crypto exchange tax does not exist. Only when the exchanged cryptocurrency is exchanged back for fiat-money, such as EUR or USD, this transaction is taxable. The acquisition cost of the original crypto purchase is passed on until the final sale for fiat-money. 


Example of tax calculation from crypto exchange in Austria


A buy 1 BTC for 100€ on 01/01/2022. On 01/05/2022, A exchanges this 1 BTC (current value = 500€) for 2 ETH. This crypto exchange is not a taxable transaction. On 01/08/2022, A exchanges the 2 ETH for 1,000€. In this transaction, the realized appreciation of 900€ (=1,000€-100€) is subject to the special tax rate of 27.5%. 


How the exchange of crypto is reported in CoinTracking


The purchase and sale are entered into CoinTracking with the transaction type "Trade".


  


Gains and losses from cryptocurrency trading are reported in CoinTracking in the Tax Report under "1.1. Income from realized appreciation § 27b para. 3 EStG".


 


4. Purchase of NFTs with crypto 


If you buy NFTs with crypto, you have to pay taxes. The profit from the realized increase in the value of the given cryptocurrency is taxable at the special tax rate of 27.5%. The market value of the surrendered cryptocurrencies gives the acquisition cost of the newly purchased NFT. The NFT has a speculation period of one year. If the NFT is sold after one year, the gains from the sale are tax-free (see above). 


Example of tax calculation for NFT purchase with crypto in Austria


Instead of selling the ETH, A exchanges it for 1 Board Ape on 01/08/2022. A sell this NFT in turn on 01/09/2022 for 2,000€. With the first exchange, A generates income from realized appreciation in the amount of 1,900€ (=2,000€-100€), which is taxed at the special tax rate of 27.5%. The €2,000 market value corresponds to the acquisition cost of the NFT. The profit from the sale of the NFT on 01/09/2022 is included in the income from speculative transactions. The speculation period of one year has been undercut and the profit in the amount of 2,000€ is taxable at A's personal income tax rate.


How the purchase of NFTs with crypto is reported in CoinTracking


The purchase and sale is entered into CoinTracking with the transaction type "Trade".

 


Profits and losses from trading NFTs are reported in CoinTracking in the Tax Report under "1.1. Income from speculative transactions according to § 31 EStG". 


5. Tax on cryptocurrency gifts in Austria


If cryptos are given as a gift, no income tax is generally due. Depending on the amount of the gift, there is a declaration obligation on the gift amount. The declaration obligation starts for crypto gifts to relatives from an amount of 50,000€ and for other persons from 15,000€ within 5 years. 


Example of tax calculation for crypto gifts in Austria 


A gets 1 BTC worth 10,000€ transferred to his wallet from B (not related) on 01/01/2022. On 01/06/2022, A receives another gift of 1 BTC worth 10,000€ from B. The reporting limit of 15,000€ within the 5-year period has been exceeded. Thus, A has to report the gift. Here we recommend to consult a tax advisor. 


How crypto gifts are reported in CoinTracking 


For incoming crypto gifts, CoinTracking has the transaction type "Gift / Tip".


 


Incoming crypto gifts are reported in the Tax Report under "3.1. Donations and Gifts Received".

 


Tax on the sale of crypto gifts in Austria 


When selling cryptocurrencies that one has received as a gift, the resulting gains are capital gains from realized appreciation. These gains are taxable at the special tax rate of 27.5%. The acquisition costs of the person making the gift are transferred to the person receiving the crypto gift.


Example of tax calculation for the sale of crypto gifts in Austria


On 01/09/2022, A sells the 2 BTC that A received from B on 01/01/2022 and 01/06/2022. The value has now increased to 20,000€ per BTC. The profit of 20,000€ (=40,000€-(10,000€+10,000€)) is taxable with the special tax rate of 27.5%. 


How the sale of crypto gifts is reported in CoinTracking


The sale is entered in CoinTracking with the transaction type "Trade".


 


Gains and losses from cryptocurrency trading are reported in the CoinTracking Tax Report under "1.1. Income from realized appreciation § 27b para. 3 EStG". 


6. Crypto tax bonus or rewards in Austria (ex. referral rewards or sign-up rewards) 


A crypto bonus or reward earned by performing a service counts as current income in Austria. Current income from a crypto bonus is valued at the market value at the time of inflow and taxed accordingly at the special tax rate of 27.5%. The market value at the inflow date of the crypto bonus also simultaneously represents the acquisition cost for the resale. 


Example of tax calculation for cryptocurrency bonuses in Austria


A has signed up on Crypto.com on 01/01/2022 and receives 500 CRO tokens worth 300€ as a sign-up bonus. The rewards in the amount of 300€ current income and will be taxed at the special tax rate of 27.5%. 


How tax for crypto bonuses is presented in CoinTracking


The bonus is entered in CoinTracking with the transaction type "Rewards/Bonuses".


 


Income from rewards/bonuses will be listed in the tax report under "1.4. Current income with cryptocurrencies § 27b para. 2 EStG". Other transaction types listed here include: - Mining (non-commercial) - Dividends - Other income - Lending - Interest - Revenue - Masternodes. 


Crypto tax in Austria: sale of rewards 


A realized increase in value from the sale of rewards or bonuses qualifies as capital income in Austria. Profits from the sale of these coins are taxed at the special tax rate of 27.5%.


Example for the calculation of tax on the sale of rewards in Austria 


A sell his 500 CRO, which he received as a sign-up bonus on 01/06/2022. In the meantime, the value has increased to 1,000€. The profit of 700€ (=1,000.00€ - 300.00€) is taxable with the special tax rate of 27.5%. 


How the sale of rewards is presented in CoinTracking


The sale is entered in CoinTracking with the transaction type "Trade".


 


Gains and losses from cryptocurrency trading are reported in CoinTracking in the Tax Report under "1.1. income from realized appreciation § 27b para. 3 EStG". 


7. Tax on crypto mining in Austria (hobby) 


Provided that there is no trade or business in mining, there is ongoing private income. This crypto mining income is assessed in Austria at the market value at the time of inflow and taxed at the special tax rate of 27.5%. This value is also recognized as acquisition cost upon resale. 


Example of tax calculation for income from mining in Austria (hobby) 


A is a Bitcoin miner with his private PC at home. On 01.01.2022 he receives 0.001 BTC worth 500€ distributed as mining reward. This transaction is taxable at the special tax rate of 27.5%. 


How crypto mining is reported in CoinTracking (hobby)


Income from mining is listed in the tax report under "1.4. Current income with cryptocurrencies § 27b para. 2 EStG". Other transaction types that are listed here include: - Dividends - Other income - Lending - Interest - Revenue - Rewards/Bonus - Masternodes. 


Sale of Mining Rewards in Austria (hobby)


The sale of mining rewards, which does not fall under business income, falls under capital income from realized appreciation. The capital gain is taxed at the special tax rate of 27.5%.


Example of tax calculation for the sale of mining rewards (hobby).


A sell his Mining Rewards from 01/01/2022 on 01/06/2022. The market value of the 0.001 BTC has increased to 1,500€. The capital gain of 1,000€ (1,500€ - 500€) is taxable at the special tax rate of 27.5%. 


How the sale of Mining Rewards is presented in CoinTracking (hobby)


The sale is entered in CoinTracking with the transaction type "Trade".


 


Profits and losses from cryptocurrency trading are reported in CoinTracking in the Tax Report under "1.1. Income from realized appreciation § 27b para. 3 EStG". 


8. Taxes on income of operating a masternode in Austria 


If the operation of a masternode does not constitute a trade or business, the income is to be attributed to current income. This income is recognized at the market value at the time of receipt and taxed at the special tax rate of 27.5%. This value is also used as the acquisition cost in the event of resale. 


Example for the tax calculation of masternodes in Austria


A operates an Ethereum Masternode with his private PC at home. On 01/01/2022, he receives 0.5 ETH worth 500€ distributed as a reward. This transaction is taxed at the special tax rate of 27.5%. 


How income of operating a masternode is reported in CoinTracking


Income from operating a masternode is entered into CoinTracking with the transaction type "Masternode". 



Income from masternodes is listed in the tax report under "1.4. Current income with cryptocurrencies § 27b para. 2 EStG". Other transaction types listed here include: - Mining (non-commercial) - Dividends - Other income - Lending - Interest - Revenue - Rewards/Bonus.


Sale of rewards from the operation of a masternode 


The sale of rewards that does not fall under business income falls under capital income from realized appreciation. The capital gain is taxed at the special tax rate of 27.5%. 


Example of tax calculation for the sale of masternode rewards in Austria


A sell his rewards from 01/01/2022 on 01/06/2022. The market value of the 0.5 ETH has increased to 1,500€. The capital gain of 1,000€ (1,500€ - 500€) is taxable at the special tax rate of 27.5%. 


How the sale of masternode rewards is reported in CoinTracking


The sale is entered in CoinTracking with the transaction type "Trade".


 


Gains and losses from cryptocurrency trading are reported in CoinTracking in the Tax Report under "1.1. Income from realized appreciation § 27b para. 3 EStG".


9. Tax on crypto minting in Austria 


Provided that there is no commercial enterprise in the case of minting, there is ongoing private income. This income is assessed at the market value at the time of inflow and taxed at the special tax rate of 27.5%. This value is also taken as the acquisition cost upon resale. 


Example for the tax calculation of crypto minting in Austria


A mines NFTs with his private PC at home. On 01/01/2022, he mines an NFT with a value of 500€. This transaction is taxable at the special tax rate of 27.5%. 


How income from mining is reported in CoinTracking


Mining an NFT is entered into CoinTracking with the transaction type "Minting".


 


he NFT can be classified in the NFT Center. Income from Minting is reported in CoinTracking in the Tax Report under "3.5. Minting".


 


Minting is commercial if it meets the definition of a commercial enterprise under Section 23 EStG. This is the case in particular if the operator meets this definition by virtue of its legal form or because of an independent, sustained activity in general commercial transactions aimed at generating profits. If the commercial profits are determined via the balance sheet and income statement, the "mined" NFTs can be capitalized in the fixed assets under financial assets or in the current assets under other assets. The initial valuation is made at the acquisition cost, i.e. the market value at the time of mining, plus the associated costs. If the commercial profits are determined by means of a surplus calculation, the "mined" NFTs are to be listed as operating income within the meaning of Section 4 (3) of the German Income Tax Act (EStG), less the related costs, as mining tax.


Crypto tax in Austria in case of sale of mined NFTs (commercial) 


If the "mined" NFTs are sold, these must also be reflected in the respective profit determination (balance sheet and P&L/COA). 


Crypto tax in Austria in case of sale of mined NFTs (private)


Income from trading NFTs falls under income from speculative transactions. Provided that the speculation period of one year is not exceeded, the realized gains are taxable at the personal tax rate of the taxpayer.


Example of tax calculation for the sale of mined NFTs in Austria


A sell his NFT from 01/01/2022 on 01/06/2022. The market value has increased to 1,500€. The capital gain of 1,000€ (1,500€ - 500€) is taxable at A's personal tax rate. If A had waited one year to sell, his speculative gain would have been tax-free. 


How the sale of mined NFTs is reported in CoinTracking


 

Profits and losses from trading NFTs whose holding period is less than 1 year are shown in CoinTracking's Tax Report under "1.5. Income from speculative transactions with NFTs § 31 EStG".


10. Tax on crypto mining in Austria (commercial) 


Crypto mining is commercial if it meets the definition of a commercial enterprise according to § 23 EStG. This is particularly the case if the miner meets this definition by virtue of its legal form or because of an independent, sustainable and profit-oriented activity in general economic transactions. If the commercial profits are determined via the balance sheet and income statement, the "mined" coins can be capitalized in the fixed assets under financial assets or in the current assets under other assets. The initial valuation is made at the acquisition cost, i.e. the market value at the time of mining, plus the related costs. If the commercial profits are determined via a surplus calculation, the "mined" coins must be listed as operating income within the meaning of Section 4 (3) of the German Income Tax Act (EStG), less the associated costs. 


How the tax from crypto mining is reported in CoinTracking 


Commercial income can be entered in CoinTracking with the transaction type "Mining (commercial)".


 


Income from mining (commercial) is shown in CoinTracking in the tax report under "3.4. Mining (commercial)".


 


Crypto tax in Austria on sale of mining rewards (commercial) 


If the "mined" coins are sold, these must also be shown in the respective profit calculation (balance sheet and P&L/COA).


12. Tax on crypto airdrops in Austria 


Airdrops are non-taxable other income and are not taxed at the time of inflow. The acquisition costs are valued at €0. Only at the time of resale the special tax rate of 27.5% is applied to the entire amount. 


Example of tax calculation for crypto airdrop in Austria 


A registers with a whitelisting with clear name and residential address, furthermore he follows the project on Twitter, registers on the Discord channel and comments 3 of his Twitter friends under an invite tweet of the project. On 06/01/2022, 10 SOL worth 1,000€ will be transferred to his wallet via airdrop. The SOL received will be tax free and will have an acquisition cost of 0.00€. 


How crypto airdrops are reported in CoinTracking


Airdrops are entered in CoinTracking with the transaction type "Airdrop".


 


Airdrops are reported in CoinTracking in the Tax Report under "2.2 Non-taxable other income" with the market value at the time of receipt. Other transaction types listed here include: - Staking (non-taxable) - Revenue (non-taxable).


 


Tax on crypto airdrop in Austria 


Profits from the sale of Airdrop coins are income from trading cryptocurrencies, the realized appreciation of which is taxed at the special tax rate of 27.5%. In addition, for airdrops, the total amount of the sale is taxable. 


Example of tax calculation for the sale of airdrops in Austria


A sell his SOL received on 01/07/2022 for 2,000€. This total amount of 2,000€ falls under income from realized appreciation and taxable at the special tax rate of 27.5%. 


How the sale of airdrops is reported in CoinTracking


The sale is entered in CoinTracking with the transaction type "Trade".



 


Gains and losses from trading cryptocurrencies are reported in CoinTracking's tax report under "1.1. Income from realized appreciation § 27b para. 3 EStG".


13. Tax on crypto staking in Austria (staking rewards) 


Staking rewards are non-taxable other income and are not taxed at the time of accrual. The acquisition costs are valued at 0€. Only at the time of resale, the special tax rate of 27.5% applies to the entire amount. 


Example of tax calculation for crypto staking in Austria 


A has deposited 10,000 ADA in a Staking Pool and after one month receives 1,000 ADA, worth 500€ as Reward. A has generated non-taxable other income through the reward, no tax is due. 


How income from staking is reported in CoinTracking 


Income from staking is entered into CoinTracking with the transaction type "Staking".


 


Staking rewards are reported in CoinTracking in the Tax Report under "2.2 Non-taxable Other Income" with the market value at the time of receipt. Other transaction types listed here include: - Airdrops (non-taxable) - Revenue (non-taxable).


 


Crypto tax on the sale of staking rewards in Austria


The sale of staking rewards is a sale falls under capital gains. The realized appreciation is taxed at the special tax rate of 27.5%. In addition, for staking rewards, the total amount of the sale is taxable. 


Example of tax calculation for the sale of staking rewards in Austria 


A receives 1000 ADA worth 500€ distributed as Staking Rewards on 01/02/2022. On 01/05/2022, A sells the 1000 ADA for 1500€. The total amount of the transaction of 1,500€ is taxable as income from realized appreciation at the special tax rate of 27.5%. 


How the sale of crypto staking rewards is reported in CoinTracking


The sale is entered in CoinTracking with the transaction type "Trade".


 


Gains and losses from cryptocurrency trading are reported in CoinTracking in the Tax Report under "1.1. Income from realized appreciation § 27b para. 3 EStG".


14. Tax on crypto lending in Austria (lending rewards) 


Lending rewards distributed as a reward for participating in a lending pool fall under current income. Current income is valued at the market value at the inflow date and taxed accordingly at the special tax rate of 27.5%. The market value at the inflow date also represents the acquisition cost for the resale. 


Example of tax calculation for crypto lending in Austria


A has paid 10,000 ADA into a lending pool and after one month receives 1,000 ADA, worth 500€, as lending rewards. The current income of 500€ is taxable at the special tax rate of 27.5%. 


How crypto lending is reported in CoinTracking


Income from lending is entered in CoinTracking with the transaction type "Lending".


 


Income from lending is listed in the Tax Report under "1.4. Current income with cryptocurrencies § 27b para. 2 EStG". Other transaction types that are listed here include: - Mining (non-commercial) - Dividends - Other income - Interest - Revenue - Rewards/bonuses - Masternodes. 


Crypto tax on the sale of lending rewards in Austria 


Profits from the sale of lending rewards are income from realized appreciation. This income, reduced by the acquisition costs, is taxed at the special tax rate of 27.5%. 


Example of tax calculation for the sale of lending rewards in Austria 


A receives 1,000 ADA, worth 500€, as Lending Rewards on 01/01/2022. The Rewards have already been taxed as current income. On 01/06/2022, A sells the 1,000 ADA for 1,500€. The realized capital gain of 1,000€ is taxable at the special tax rate of 27.5%. 


How the sale of lending rewards is reported in CoinTracking 


The sale is entered in CoinTracking with the transaction type "Trade".


 


Profits and losses from cryptocurrency trading are reported in CoinTracking in the Tax Report under "1.1. income from realized appreciation § 27b para. 3 EStG".


15. Crypto tax on income from margin trades, derivatives and futures in Austria 


Profits from margin trades, derivatives and futures are income generated with the help of financial instruments. Income generated with financial instruments is classified as income from capital assets in Austria. This is not taxed at the personal income tax rate, but is subject to the special tax rate of 27.5%. Losses from investment income can only be offset against gains from investment income. 


Example for the tax calculation of income from trading with margin trades, derivatives and futures 


A buys perpetual futures contracts (=futures that do not expire) for 2 ETH worth 2,000€ on an exchange on 01/01/2022. On 01/06/2022, the value of the 2 ETH has increased to 3.000€, as well as the futures of A. A sell his futures on 01/06/2022. The profit of 1.000€ is taxable with the special tax rate of 27.5%.


How income from trading margin trades, derivatives, and futures is reported in CoinTracking


If any gains/losses have arisen from foreign currency transactions under § 27 para. 3 of the Income Tax Act, these will be shown separately in CoinTracking under Income from foreign exchange trading. Gains from trading in derivatives/futures are entered in CoinTracking with the transaction type "Derivatives/Futures". Gains and losses from trading in margin, derivatives and futures are shown in CoinTracking in the Tax Report under "1.2. Income from trading in derivatives § 27b para. 4 EStG". Other transaction types related to trading in margin, derivatives and futures: - Margin Gain - Margin Loss - Derivatives/Futures Loss.


 


16. Payment of goods and services with cryptocurrency


Paying for goods or services with cryptocurrencies is also equivalent to sale/exchange for tax purposes. The purchase of a good or service triggers income from realized appreciation for cryptocurrencies after. The capital gain is taxable at the special tax rate of 27.5%.


Example for the tax calculation of paying with crypto in Austria 


A buy a car worth 50,000€ on 01/05/2022 and pays with 10 BTC. A bought the 10 BTC given for the sale on 01/01/2022 for 40,000€. The realized exchange gain of 10,000€ of the 10 BTC is taxable with the special tax rate of 27.5%. 


How the payment of goods and services with cryptocurrency is reported in CoinTracking


A sale of cryptocurrency against goods or services that are not trackable in CoinTracking will be entered with the transaction type "Other Expense".


 


Gains and loss arising from the transaction type "Payment" will be reported in CoinTracking in the Tax Report under "1.1. Income from realized appreciation § 27b para. 3 EStG". 


17. Crypto tax in Austria for gifts in the form of crypto 


Giving cryptocurrency as a gift ensures no tax burden for the person giving the gift. Only the person receiving the gift should observe the declaration obligation (see Getting Gifts in the Form of Crypto). The expenses cannot be deducted as acquisition costs from the profits of other crypto disposals. Outgoing gifts are reported on CoinTracking in the tax report under "Outgoing gifts and donations".


18. Tax on lost crypto in Austria


Lost coins can generally not be deducted against the profits of other coins. However, at this point we recommend consulting a tax advisor. Lost cryptocurrency is reported on CoinTracking in the Tax Report under "3.3. Lost and stolen coins".


 


19. Tax on stolen crypto in Austria


Stolen coins can generally not be deducted against the profits of other Coins. However, at this point we recommend consulting a tax advisor. Lost cryptocurrency is reported in CoinTracking's tax report under "3.3. Lost and stolen coins".



Crypto Tax Austria: Explanations of the CoinTracking Tax Report


1. Taxable income from trading in cryptocurrencies and NFTs 


1.1 Income from realized capital gains 


Realized appreciation from cryptocurrency trading falls under capital income in Austria and is taxed at the special tax rate of 27.5%. Realized appreciation only occurs when cryptocurrency is exchanged for euros, foreign currency, other economic goods or services. A crypto-to-crypto exchange is not a sale and thus does not count as a realized appreciation. Thus, these transactions are not taxable. The BMF defines the capital gain as follows: "The taxable capital gain is the difference between the proceeds of the sale and the acquisition costs. [...] It should be noted that incidental acquisition costs (e.g. consulting costs or transaction fees) may be recognized and thus reduce the capital gain. 



Importantly, only fiat-to-crypto and crypto-to-fiat trades fees may be recognized. Since crypto-to-crypto trades are not taxable, they are not recognizable. The valuation method can be freely chosen, although CoinTracking explicitly recommends FIFO (First In - First Out). There is no exemption limit or allowance that can be observed. Income from realized appreciation may be offset against other income from capital assets. For example, crypto gains may be offset against stock losses. Furthermore, losses may be carried forward to the next year. 


1.2 Income from trading with derivatives 


All gains and losses from trading derivatives, margin and futures are listed here. These, like income from realized appreciation, fall under capital gains and thus under the special tax rate of 27.5%. In the tax report, gains and losses are shown separately.


1.3 Income from foreign exchange trading 


Income from foreign exchange trading, like income from realized appreciation, falls under capital gains and thus under the special tax rate of 27.5%. In the tax report, the gains and losses are shown separately. 


1.4 Current income from cryptocurrencies 


"Current income" includes income from lending cryptocurrency. This includes lending rewards, interest, dividends and other income. Furthermore, the acquisition of cryptocurrency through a technical process in which transaction processing services are provided also falls under "Current Income". In the tax report, this would be income from mining and from operating a masternode. Each cryptocurrency is valued at its market value at the time of inflow, which is the cost of acquisition in the future. 


1.5 Income from speculative trading with NFTs 


Income from trading NFTs is not covered by the new regulation and therefore not covered by capital gains. This Is income from speculative business according to § 31 EStG and falls under income tax. If the speculation period of one year is not met, the profit generated is taxable. If the speculation period of one year is exceeded, the profit is not taxable, but conversely, losses incurred cannot be claimed for tax purposes (see 2.1).


2.1 Non-taxable income from the speculative transaction

 

Here, all non-taxable income from the speculative business is output in total. Profits from the sale of cryptocurrency from legacy assets and profits from the sale of NFTs are not taxable if the speculation period of one year has been exceeded. 


2.2 Non-taxable other income

 

For the most part, cryptocurrency income falls under current income, as explained in section 1.4. The exceptions are airdrops and staking. For both, there is no taxation at the time of inflow and the acquisition cost is 0€. Only upon sale is the full value taxable.


3. Other receipts and payments related to cryptocurrencies


Incoming and outgoing donations and gifts, lost and stolen cryptocurrency, commercial mining and minting are reported separately. Donations are subject to gift tax and individual allowances apply. Whether and how lost and stolen cryptocurrency can be claimed for tax purposes must be clarified with the personal tax advisor. The same applies to mining and minting and, in particular, the question of whether mining/minting can still be classified as private asset management or is already commercial.


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