Country overview

#10
Germany

Country stats

Rating Points
378
This indicator describes the overall rating of a given jurisdiction on several parameters according to cryptocurrency operations - market volume, crypto regulation, business climate, taxation framework.
Crypto Penetration
4.2%
Estimated percentage of crypto users out of the country's total population based on public data.
Legal Entities
11
Number of crypto companies registered in the country based on regulator data if available or other types of public data.
Regulation Points
140
An overall assessment of the granularity of crypto regulation in a given country. A high score is also given to countries where cryptocurrency transactions are highly regulated.
Amount of crypto users
3 490 200
Total amount of crypto users out of the country's total population based on public data.
Taxation points
19
This figure, according to our analysts' calculations, indicates the overall level of tax burden for cryptocurrency transactions in a given country. The higher the indicator, the lower the burden.
Market volume points
158.6
A rough estimate of this jurisdiction's retail crypto market relative to the rest of the world. The higher the indicator, the higher the market potential.
Status of crypto
Legally allowed
General status of cryptocurrency regulation in this jurisdiction.
Crypto payments
Legally allowed
The legal status of cryptocurrency payments for goods and services in a given country based on information from regulators, public data and feedback from our community.
Security Level
Minor danger
The overall level of security in a given country based on open data.
Crypto Salaries
Only part
The legal status of cryptocurrency salaries to employers in a given country based on information from regulators, public data and feedback from our community.
Business Climate
Good
Overall assessment of the friendliness of this country for crypto-business. This indicator takes into account the cost of obtaining a license and the attitude towards crypto entities in the country.
Stablecoin Regulation
Basic
This indicator is evaluating the regulation of stablecoins in a given country. Complex regulation means that it is possible to issue steiblcoins and obtain a license for this activity. Basic regulation means that the issuance of stablecoins is possible, but not all legal aspects are defined in the law. Standard regulation means that there is a legal practice of steylcoin circulation in a given country.
Bad Factors
No
This section describes the unfavorable economic factors for crypto-business in a given country. These are countries that are under sanctions or on the FATF grey list and other factors.
Types of licenses
Crypto-to-crypto
This license type allows VASP to provide legal exchange from one cryptocurrency to another.
Crypto-to-fiat
This type of license regulates the exchange from cryptocurrency to fiat.
Wallet/Custody
This country has a legal licensing procedure for companies that store cryptocurrency - - crypto wallet providers and custodians.
Cryptofund
This indicator means that investment funds, trusts, and crypto funds can get regulator approval to provide their activity in the country.
ICO/STO
This indicator describes legal procedures for token sales and security token issuance. This country has a clear regulation framework and licensing procedures for entities that provide this activity.
Mining
This field indicates jurisdictions where mining requires a special license.
Good
Medium
Bad
intro

According to some experts, Germany is a real competitor to the United States as the top blockchain economy in the world. The criteria and the complete list of countries can be found in Country Rating (Beta Version).

Security level
Crypto Payments

Yes, you can accept (4) crypto payments while residing in Germany. Amendments to the German Banking Act (KWG) specifically permit the custody of virtual currencies. The German Federal Central Tax Office, or Bundeszentralamt für Steuern (BZSt), recognizes Bitcoin and other digital currencies as private money.

According to Bitcoin.com (5), converting Bitcoin to goods or services is treated no differently than selling Bitcoin on an exchange for tax purposes by The German Federal Central Tax Office.

Crypto Salaries

According to Cointelegraph.de (5¹) and the Transparent Beraten guide (6), it’s legal for foreign companies to pay the whole amount only in EURO/another currency.

At the same time, it’s possible to convert EUR in crypto or pay a part (up to 25%) of salary/additional rewards in crypto.

Legal

A detailed guide about crypto regulations in Germany can be found here (7) on the site of the local Finance Ministry.

In Germany, cryptocurrency regulation falls under the jurisdiction of the German Federal Financial Supervisory Authority (BaFin). You may check details on the regulator’s site (8). BaFin supervises and regulates the financial markets, including cryptocurrencies, to ensure their stability and protect consumers.

BaFIN license allows the registered companies the following activities:

-Exchange (Crypto to crypto AND/OR crypto to fiat)

-Custody

-Wallet

-Crypto lending

-Crypto funds

-ICOs/Securities/Security tokens

According to this guide (9), “BaFin has incorporated the crypto custody business as a new type of financial service into the German Banking Act (Kreditwesengesetz – KWG)” - Section 1 para. 1a no. 6. Crypto operations in the country are also regulated by AMLD5 (EU’s Fifth Anti-Money Laundering Directive). You may find more details about BaFin licenses in the Vega Consult guide (10).

According to consulting company RUE guide (11), Crypto securities and security tokens are referred to as financial services and are regulated by The German Electronic Securities Act. Moreover, electronic deposits are also held as an object of the German Civil Code. Based on the previous guide, local lawmakers have ''adopted an option to facilitate the introduction of crypto funds by this regulation''; the Federal Ministry of Justice and Consumer Protection and the Federal Ministry of Finance will issue it. BaFin should create a register of crypto securities.

Also, according to Law Review (12), The German Securities Prospectus Act (WpPG) regulates crypto securities in Germany. Crypto funds are regulated by The German Capital Investment Code (KAGB).

Mining in Germany requires no license; only sometimes do mining pools need a license as private investment funds (AIFs) (13).

Taxation
Tax nameIndex
PIT tax Min0%
PIT tax Max45%
Min Individual CGT (for crypto)0
Max Individual CGT (for crypto)45
Corporate tax (CIT)17
Wealth tax Min0
Wealth tax Max0
Mining tax
TDS tax

There are detailed guides about crypto taxation in the country in the German language:

👉Taxation Guide in German (Forbes) (14)

👉Official detailed VA tax guide from BFst (15)

PIT tax

Germany has(16) a personal Income Tax of 0-45%. Also, it may include a Solidarity surcharge - of 5,5%.

You don’t need to declare your crypto income if it’s less than €600 per year, and a profit lower than €10,632 is tax-free. Staking income is tax-free only after ten years of “hold.” For income between €61,971 and €277,825, the tax rate is 42%, and the highest speed is 45%.

However, individuals (not businesses) have a 0% rate in holding crypto for over a year. This 0% rate also works if you own more than one year and pay for goods and services in crypto. At the same time, according to Koinly, in most cases, for short-term profits, Germany applies not CGT tax but PIT. This includes even NFT rewards and mining rewards.

And one more detail(17) - if you get paid in crypto in Germany, you must pay income tax. Here, the exception for holders doesn’t work.

Also, personal income tax is imposed for some DeFi profits. BSt has canceled the 10-year holding period for staking. So, any DeFi income can be tax-free if you don’t withdraw it into fiat for one year. But it may be different if your crypto activity is qualified as professional or business.

CGT tax

Capital gain tax in Germany is rarely(18) applied to crypto income. Some possible cases are only crypto margin trading, crypto derivatives, and crypto futures. CGT has a flat rate of 25% in Germany, and €801 is a tax-free limit.

CGT tax also(19) applies to corporations doing crypto operations like crypto earnings, mining, and staking. It has no exception for 1-year holders, and the tax rate is 25%, plus a 5.5 solidarity surcharge on tax paid (in total, 26,375 plus church tax if applicable).

CIT tax

Crypto businesses like(20) public companies and LLCs must pay CIT and CGT taxes for their crypto operations. But partnerships pay not CIT, but PIT. Corporate income tax with solidarity surcharge has a 15.825% tax rate.

For more information on corporate taxation of cryptocurrency in Germany, Section 15 of the German Income Tax Act provides specific details. Additionally, Section 11 of the German Trade Tax Act may apply to cryptocurrencies.

WT tax

There are different assumptions according to wealth tax in Germany. According to the PWC tax guide (21), “At this point, no wealth taxes are levied in Germany.”. However, there are inheritance, estate, and gift taxes.

Progressive tax rates of 7% up to 50% and tax-free amounts between EUR 20,000 and EUR 500,000 apply, depending on the value and the degree of the relationship between testator/donor and beneficiary.

At the same time, some sources like Wikipedia conclude that Germany has a wealth tax. CMS guide (22) claims that “there is no direct wealth tax levied in Germany. However, property taxes are levied, for example, on real property (land tax)”.

If you have information about this topic, please write us in telegram @ilya_ii or by e-mail - editor@cryptopenetration.com