Borrowing Against Bitcoin Instead of Selling: When German Tax Still Applies
Posting Bitcoin as collateral for a loan is not a sale in Germany, because section 39 of the Fiscal Code keeps the coins attributed to you for tax purposes. Tax arises only when the collateral is liquidated, and then the one thing that decides the bill is how long you held the coins beforehand.

Table of Contents
Table of Contents
Which topics should we dive deeper into?
Select what genuinely interests you. Your picks feed directly into our editorial planning.
Crypto news that's actually worth your time.
Weekly. 60 seconds. Carefully curated by our editors: no hype, no promo flood, no spam.
Putting Bitcoin up as collateral for a loan is not a sale. That is exactly why no tax arises at that moment: a private disposal transaction requires you to transfer an asset to a third party for consideration. When you borrow against your coins, the Bitcoin stays attributed to you for tax purposes, the one-year clock keeps running undisturbed, and the loan proceeds are not income. The expensive part sits in one single place, namely when the lender liquidates your collateral. That creates a sale you did not trigger, at a price you did not choose, possibly in the middle of your holding period.
This article sets out the position under German law: the Income Tax Act, the Fiscal Code and the current circular of the Federal Ministry of Finance on crypto assets. It also shows where those sources stay silent, because the expensive misunderstandings grow in exactly those gaps.
Why pledging Bitcoin as loan collateral is not a sale
For tax purposes, crypto assets are other assets within the meaning of section 23(1) sentence 1 number 2 of the German Income Tax Act. The Federal Fiscal Court confirmed this in its ruling of February 14, 2023, case reference IX R 3/22, and the Federal Ministry of Finance adopted it in margin number 53 of its circular of March 6, 2025. The basic rule follows from that. Sell within one year of buying and the gain is taxable. Where more than twelve months lie between acquisition and disposal, it stays tax free.
A private disposal transaction is a transaction in which an acquired asset is passed on for consideration within that period. Margin number 54 of the circular puts it the other way round: an acquisition is the purchase from third parties for consideration, a disposal the transfer to third parties for consideration. Both require an exchange of performance.
A classic crypto loan lacks that exchange. You hand over Bitcoin as security and receive a loan you have to repay. No consideration flows to you, and your claim to the coins remains intact. In economic terms you have given nothing away, you have pledged something. No gain and no loss therefore arises at the moment the collateral is posted, and there is nothing to report on your tax return.
Section 39 of the Fiscal Code: who owns the coins for tax purposes under a security transfer
The decisive provision sits in the Fiscal Code rather than the Income Tax Act. Section 39(1) attributes assets to their owner. Subsection 2 number 1 sentence 2 makes an express exception and names three cases: under a trust arrangement the asset is attributed to the settlor, under a security transfer to the party providing the security, and under proprietary possession to the proprietary possessor.
A security transfer describes the arrangement in which you transfer legal title to an item to the creditor so that the creditor is covered, while you remain the owner in economic terms. For this precise case the legislator decided that tax follows the economic position, not the register or the wording of the contract. Applied to a Bitcoin-backed loan, that means the following. Even if your lender formally becomes the owner of the pledged coins and moves them to an address of its own, they remain yours for tax purposes. No disposal, no fresh acquisition, no new holding period.
That attribution is the reason borrowing against Bitcoin works as a tool in Germany at all. Anyone who needs liquidity without triggering a taxable disposal can raise it through a secured loan instead of selling coins before the one-year period expires. The price is interest and a liquidation risk, which we come to shortly.
What the contract has to deliver
Attribution under section 39 of the Fiscal Code does not apply automatically because a provider calls its product a loan. What matters is whether a genuine security arrangement exists: with a claim to the return of the same quantity of the same crypto assets, with a clearly defined liquidation event, and without a free right of disposal for the lender over your coins in day-to-day operation. Read your terms and conditions closely on those three points and keep a copy of the version that applied when the loan was signed.
Security transfer or right of use: how a Bitcoin-backed loan differs from crypto lending
Some providers allow the lender to on-lend the pledged coins, putting them to work to generate a return. In tax terms that moves the arrangement close to lending, the transfer of crypto assets for a limited period in exchange for a fee. For lending held as private assets the legal position is settled: margin number 65 of the circular assigns the income to section 22 number 3 of the Income Tax Act, because granting the use of an asset for a period is a service rendered by the taxpayer.
What matters just as much is what does not follow from that. Even with lending, the tax authorities treat the handing over of coins as a transfer for a period rather than a sale. What is taxed is the fee you receive, not the holdings you transferred. For you as a borrower that means a great deal speaks for the view that posting collateral does not trigger a sale, even in the variant that permits on-lending. The picture changes if the lender pays you a fee for the use of your coins, because you then hold a separate source of income under section 22 number 3 alongside the loan, and that belongs on your tax return.

What the March 6, 2025 ministry circular covers on collateral, and what it does not
The Federal Ministry of Finance circular with the reference IV C 1 - S 2256/00042/064/043 runs to 34 pages and is the authoritative administrative guidance on crypto assets in Germany. It replaces the earlier version of May 10, 2022 and deals with mining, staking, lending, hard forks, airdrops, the order in which holdings are deemed used, and, since the rewrite, the duties to cooperate and keep records.
On the use of crypto assets as loan collateral it contains not a single paragraph. We searched the full text for the term on September 16, 2026: the German word for security appears once in the entire document, in margin number 92 on the estimation of tax bases under section 162 of the Fiscal Code. That passage has nothing to do with borrowing against Bitcoin.
You have to plan around that gap. While Austria now offers its investors comparatively detailed statements on the subject, German practice works from general principles: section 39 of the Fiscal Code for attribution, section 23 of the Income Tax Act for the holding period, and margin numbers 53 to 63 of the circular for calculating the gain. Anyone looking for an explicit administrative statement on crypto-backed loans will not find one at present. For larger amounts, a binding ruling from the tax office under section 89(2) of the Fiscal Code is therefore the cleaner route than a forum post.
Crypto Tax Tools ComparedForced liquidation: why selling the collateral triggers a taxable disposal
The real tax event in a Bitcoin-backed loan arises when the price falls and the lender liquidates the collateral. In legal terms the security turns into money at that moment: the coins are transferred to a third party for consideration, which is precisely the transaction margin number 54 of the circular describes as a disposal. The fact that you did not want the liquidation and did not consent to it makes no difference. Section 23 of the Income Tax Act looks at the economic transaction, not at whether it was voluntary.
The decisive date is the day of liquidation. If no more than one year has passed between your original acquisition and that day, the gain is taxable. If the purchase lies further back, the liquidation stays tax free, however painful it is in economic terms. That is why liquidation risk on recently bought coins cuts twice: you lose the position, and you pay income tax on the paper gain even though all you are left with is the loan amount.
How close a liquidation sits depends on the loan-to-value ratio. For our overview of the liquidation thresholds at eleven providers we pulled the published terms on September 8, 2026 and worked out the price at which each lender steps in. Once you know that threshold, you can set it against your own acquisition date and see immediately whether a liquidation would fall inside the holding period.
Worked example: how to calculate the gain on liquidated Bitcoin collateral
Margin number 57 of the circular sets the formula: disposal proceeds less acquisition costs less deductible expenses. An example with round numbers, deliberately simplified:
- In February you buy 0.5 BTC for a total of 40,000 euros.
- In June you post those 0.5 BTC as collateral and take out a loan of 20,000 euros. Nothing happens for tax purposes.
- In October the price falls, the lender liquidates the collateral and realises 46,000 euros. The transaction fee is 200 euros.
The taxable gain is 46,000 euros minus 40,000 euros minus 200 euros, so 5,800 euros. Because less than a year lies between February and October, that amount is taxed at your personal income tax rate. It arises even though you never wanted to sell the coins and even though the price has fallen. What you hold in your hand is the loan, and the liquidation has repaid it.
Two levers soften the result. First, the de minimis limit under section 23(3) sentence 5 of the Income Tax Act applies: if your total gain from all private disposal transactions in a calendar year stays below 1,000 euros, it is tax free. For assessment periods up to 2023 the limit was 600 euros. This is an exemption limit rather than an allowance, so one euro above it makes the entire gain taxable. Second, you may offset losses from other private disposal transactions in the same year. Section 23(3) sentence 7 restricts that offset to gains from the same category of income, which means a crypto loss cannot be set against gains on shares in Germany, as those fall under section 20.
Holding period and FIFO: which coins the lender disposes of for tax purposes
If you bought Bitcoin at different points in time, the order in which holdings are deemed used decides whether the liquidated coins were still inside the period. Margin number 61 of the circular puts the principle of individual identification first: anyone able to prove which specific units were transferred calculates with those. Only where that is impossible are the crypto assets acquired first deemed to be the ones disposed of, the familiar first-in-first-out method.
Margin number 62 adds a rule that is often overlooked in practice: the assessment is made per wallet. Once chosen, the method must be retained within a wallet until all coins of that trading designation there have been disposed of. For a Bitcoin-backed loan this matters directly, because you almost always fund the collateral from a dedicated address. The wallet you post the security from therefore influences which acquisition dates apply if the collateral is liquidated.
In practice that means posting collateral from holdings that have already passed the one-year mark wherever you can. Even a forced liquidation then stays tax free. A tax tool with portfolio tracking helps here, because it keeps acquisition dates per wallet and shows you which tranche leaves the holding period and when.

No ten-year rule: why a Bitcoin-backed loan does not extend the holding period
One of the most persistent misconceptions concerns section 23(1) sentence 1 number 2 sentence 4 of the Income Tax Act. That provision extends the holding period to ten years where income is generated from the use of an asset in at least one calendar year. On that logic, anyone who borrows against their coins or lends them out would have to wait ten years before a sale became tax free.
The tax authorities take a different view. Under the heading stating that the holding period is not extended to ten years, margin number 63 of the circular says in a single sentence that the provision does not apply to currency or payment tokens. Bitcoin falls into that category. For you that means posting collateral, running a lending position or earning staking rewards does not extend your holding period. It stays at one year.
The earlier 2022 version already said as much, and the rewrite of March 6, 2025 carried it over unchanged. Even so, do not rely on older guides that still claim a ten-year period. When in doubt, check the margin number itself; it sits on page 21 of the circular.
Crypto Lending Platforms ComparedLoan interest, transaction fees and deductible expenses under section 23 of the Income Tax Act
Deductible expenses reduce the taxable gain. Margin number 57 of the circular does require them to be allocated between taxable and non-taxable disposals, and margin number 59 names only one item explicitly: the transaction fees incurred in connection with the disposal. In a liquidation that covers the network fee for the transfer and the fee the lender charges for selling the collateral.
On loan interest the circular says nothing. That is awkward, because under general principles interest on debt is deductible only where it relates directly to the disposal transaction. Where you used the loan proceeds to buy a house, to fund consumption or for another investment, that connection is usually absent. Anyone who still wants to claim the interest should be able to document the use of the loan amount without gaps and settle the question with a tax adviser before the return goes out.
Stablecoin payouts: when the loan proceeds themselves become a taxable swap
Many providers pay the loan out in a stablecoin rather than in euros. A stablecoin is a crypto asset whose price is pegged to a currency. That leaves you holding a second crypto asset, and the same rules apply to it. The inflow is an acquisition, valued at the market price at the time you receive it. If you then swap the stablecoins into euros, margin number 54 treats that as a disposal.
In most cases almost nothing sticks, because only hours pass between receipt and swap. The result is zero on paper only if the price has not moved. A stablecoin pegged to the US dollar fluctuates against the euro with the exchange rate, and over several weeks that can add up to noticeable amounts. The same applies to repayment: if you buy stablecoins to repay the loan and a price gain arises between purchase and repayment, that gain also belongs in the section 23 calculation. Record the time, quantity and euro price for every stablecoin transaction.
Which records you need to keep for the loan and the liquidation
The rewritten circular set out the duties to cooperate and keep records in detail for the first time, and margin number 92 contains a sentence worth taking seriously: if the tax authority cannot establish the tax bases, it estimates them under section 162 of the Fiscal Code. That applies expressly where information is missing or insufficiently clarified. The circular does at least state that an estimate must not serve to penalise taxpayers, and that documents submitted have to be taken into account.
The documents that count in a liquidation
- The purchase receipt for the coins later pledged, with date, quantity and euro value, because it determines the acquisition costs and the holding period.
- The loan agreement together with the terms in force at signing, in particular on the return claim and the right of liquidation.
- The account statement or the provider transaction overview for the liquidation date, showing proceeds, timing and fees withheld.
- The transaction IDs for the transfer to the collateral address and for the later liquidation, so the chain stays traceable on the blockchain.
- Evidence of the wallet the collateral was posted from, because the order of use has to be assessed per wallet.
One point deserves particular attention. Many tax reports automatically book an outflow to an external address as a sale. If your report treats the posting of collateral that way, it shows a gain that does not exist under section 39 of the Fiscal Code. Check that entry and correct it with a note on the transaction before you take the figures over. In the other direction, the later liquidation must not get lost, because that is the transaction which actually counts.
Bitcoin-backed loans: what to take away
- Check which holdings you post the collateral from before you sign the loan. Coins that have passed the one-year mark keep even a forced liquidation tax free. Which providers allow which loan-to-value ratios is set out in our comparison of crypto lending platforms.
- Document acquisition, collateralisation and liquidation separately. Posting collateral is not a sale, liquidating it is, and a tax report does not draw that line on its own. A tool from our comparison of crypto tax software carries the acquisition dates through per wallet.
- Set the liquidation threshold against your acquisition date. Where the threshold falls inside the one-year period, a planned partial sale is often cheaper than a forced liquidation. Venues and terms for that are covered in our overview of how to sell Bitcoin.
Sources and legal basis
The statements in this article rest on the Federal Ministry of Finance circular of March 6, 2025 on individual questions of the income tax treatment of certain crypto assets and on the wording of section 39 of the German Fiscal Code. The rules on the one-year period, the de minimis limit and loss offsetting follow from section 23 of the Income Tax Act.
(As of September 16, 2026. This article is not investment advice. Prices and fee structures change; check the terms with the provider before you buy.)
Transparency note: This article was produced with the assistance of artificial intelligence and reviewed by our editorial team before publication. All figures and claims were checked against the primary sources linked in the text. The feature image was generated with AI.
More on Bitcoin: All Bitcoin news at a glance
Related articles
- Crypto holding period for Bitcoin: “That remains to be seen,” says the finance ministry
- Bitcoin Tax: One Year Past the $126,080 Peak, Losses No Longer Count
- Forced Sale on a Crypto Exchange: Which Moment Counts for the Holding Period and What You Must Document
- Bitcoin 29 Percent Below Last Year: Which Crypto Losses You Can Still Use Before the One-Year Holding Period Expires
- Germany’s Crypto Holding Period Is Wobbling: What to Check Before December 31
Which topics should we dive deeper into?
Select what genuinely interests you. Your picks feed directly into our editorial planning.
Crypto news that's actually worth your time.
Weekly. 60 seconds. Carefully curated by our editors: no hype, no promo flood, no spam.
September 25, 2026 10:26 PM

Selling bitcoin privately: the tax in Germany and the records you need
A direct sale to a private individual falls under the same one-year rule as an exchange sale, but there is no tax report to go with it. This guide walks through the calculation, the 1,000 euro threshold and the records the tax office wants to see.
September 17, 2026 10:22 PM

Selling Bitcoin at a Loss and Buying It Straight Back: What That Does to Your Holding Period
Germany has no wash sale rule: the loss stays deductible even if you buy back immediately. The buyback, however, restarts the one-year period for every new unit.
October 26, 2026 3:21 PM

Swapping Bitcoin for gold: what it means for your holding period and tax
Swapping Bitcoin directly for gold bars is a sale in tax terms. Whether tax is due depends solely on how long you held the coins, and a fresh period starts for the gold on the swap date.
October 15, 2026 4:13 AM

Crypto holding period: the cabinet date passes without a decision, December 31 stays the cut-off
Germany's federal cabinet did not adopt the expected decision of October 14, 2026 to abolish the one-year crypto holding period; the draft is still in interdepartmental consultation. Until new rules arrive, gains stay tax free after one year of holding, and the December 31, 2026 cut-off named in the draft separates old holdings from new ones.
September 7, 2026 7:22 AM

German Crypto Holding Period Set to Go After All: A Separate Draft Targets Purchases From 2027
Correction of 8 October 2026: The Income Tax Reform Act 2027, adopted by the German federal cabinet on 2 September, does not cover crypto assets. That did not mean the holding period stays. A separate draft bill from the Federal Ministry of Finance, dated 30 September, would abolish it for anything acquired after 31 December 2026. The cabinet is due to decide on 14 October.
September 8, 2026 1:19 AM

Germany's Crypto Holding Period: What Happens Now Signing for Petition 201716 Closed on September 15
Recap as of September 27, 2026: the signature period for German parliamentary petition 201716, which asks for the one-year crypto holding period to be preserved, closed on September 15, 2026. This article explains what ended that day, how the petitions committee proceeds and why no investor has to sell because of it.
September 17, 2026 7:12 PM

Gifting Bitcoin to Children: Allowance, Holding Period and the Tax Office Report
Transferring Bitcoin to your child hands over your holding period and your entry price along with the coins. This guide sets out what really applies in Germany on the allowance, the reporting deadline, representation and custody.
October 6, 2026 4:32 AM

Bitcoin for a gift card: what paying with crypto means for your holding period
Paying for a gift card with Bitcoin is a sale for tax purposes. What counts as the disposal proceeds, when the twelve-month holding period bites, and the four records the tax office expects.
September 16, 2026 1:20 PM

Crypto Loss Carryforward in Germany: What Happens to Old Losses Under the 2027 Tax Plan
Losses from crypto sales land in a ring-fenced pot and can only be set against gains of the same kind. The draft bill for 2027 moves future gains into a different pot, and we show you what that means for your assessed carryforward and what your tax notice should say.
September 22, 2026 10:13 AM

Circle Lends Against Bitcoin via cirBTC: Why the Wrapper Can Cost You the German Holding Period
Circle launched loans against deposited bitcoin on September 21, 2026. In Germany, the detour through the cirBTC token is very likely a swap, and a swap restarts your one-year holding period.
August 11, 2026 9:13 PM

Germany's Crypto Holding Period Faces Abolition: What Petition 201716 and the Draft Bill Mean for Your Tax
Petition 201716 calls for the one-year holding period for crypto assets to be kept and will be heard in public by the Bundestag's Petitions Committee on 12 October 2026. Correction of 8 October: the reform was not decided by the cabinet in July. A draft bill of 30 September would end the holding period for crypto acquired after 31 December 2026, and the cabinet is due to take it up on 14 October.
October 20, 2026 10:18 AM

Coinbase converts USDT and DAI into USDC on October 30: the swap restarts the one-year holding period
On October 30 Coinbase will convert the remaining USDT, DAI and PYUSD balances in the European Economic Area into USDC. The swap counts as a disposal under section 23 of the German Income Tax Act, and the one-year clock starts again for the new balance.
September 8, 2026 10:21 PM

Crypto Holding Period and Grandfathering: Why December 31, 2026 Becomes the Cut-Off in Germany's Draft Bill
A ministerial draft bill from Germany's finance ministry names a cut-off date for the first time: crypto assets acquired after December 31, 2026 are to fall under the flat-rate withholding tax. What that means for legacy holdings, running savings plans and staking income, and why nothing has been decided yet.
October 20, 2026 1:33 PM

60.6 percent down in twelve months and only 12th by market value: what to check before your purchase anniversary
Dogecoin has lost 60.6 percent over twelve months, more than twice as much as Bitcoin, and now ranks only 12th by market value. For investors in Germany the calendar matters more than the next price level: the anniversary of the purchase decides whether a gain stays tax free and whether a loss still counts at all.
October 2, 2026 4:39 AM

Donating bitcoin: when does the full market value count, when only the purchase price?
A bitcoin donation to a charitable organisation is deductible as a donation in kind, and the donation itself produces no taxable gain. The size of the deduction turns solely on whether a sale would have been taxable on the day of the transfer.
August 21, 2026 1:42 PM

Writing Off a Total Crypto Loss: When the Tax Office Recognises Worthless Coins
A token that has collapsed only reduces your tax once you actually dispose of it. What applies to delisting, exchange insolvency and worthless holdings under Section 23 of the German Income Tax Act, and how you offset losses.
September 19, 2026 7:26 AM

Offsetting Crypto Losses Against Share Gains: What Is Really Allowed in Germany
Crypto losses and share gains sit in separate loss buckets in Germany, and there is no offsetting between them. Where the line runs, why crypto derivatives are the exception, and how you can still use losses through carryback and carryforward.
September 24, 2026 1:13 AM

Solana DEX Trades Overtake the NYSE: What to Check on Swaps, Tax and Oversight
Solana's decentralised exchanges settled roughly 208 million trades in a single week and overtook the New York Stock Exchange for the first time. The figure is real, but it measures something other than the comparison suggests, and for German investors it carries tax duties that no provider takes on.
August 24, 2026 4:22 AM

Selling XRP After a 53 Percent Week: What the Holding Period Costs
XRP trades at $1.51 after a weekly gain of a good 50 percent, yet your net proceeds are decided by the purchase date. This article works through the holding period, the exemption limit and FIFO at measured reference-date prices.
October 17, 2026 4:30 PM

Does swapping Bitcoin for WBTC restart the one-year holding period?
Converting Bitcoin into WBTC triggers a private disposal transaction under one reading and restarts the one-year clock. Under the other the transaction stays tax-neutral: what the statute says, what the Finance Ministry leaves open and which records count either way.
August 14, 2026 6:23 AM

Bitcoin Savings Plan and Tax: How the Holding Period, FIFO and the Exemption Limit Interact on Monthly Buys
Every savings plan instalment is a separate acquisition for tax purposes, with a holding period of its own. How the exemption limit, the order of disposal and record-keeping duties interact on monthly Bitcoin buys, with the sources from the statute and the Ministry of Finance circular.
October 19, 2026 4:15 AM

Crypto FIFO across several exchanges: each wallet counts on its own in Germany
Hold bitcoin on several exchanges and in wallets of your own, and the holding period is calculated per pot, not across the total holding. What paragraph 62 of the BMF guidance orders, and why 31 December 2026 hangs on it.
October 17, 2026 10:16 PM

Shiba Inu ten days before its record turns five: what matters now is the holding period
On October 27 the all-time high of Shiba Inu turns five years old, and the price stands 94.2 percent below it. For holders in Germany nothing about that date hinges on the price; it hinges on the one-year deadline in section 23 of the Income Tax Act.
September 27, 2026 1:17 PM

Dogecoin Price: What to Check on Holding Period and Custody Before the Year End
The Dogecoin price stands at $0.0977 on September 27, 2026 and has barely moved in a day. That calm is exactly the moment to work through the holding period, the reporting duty from 2026 and custody without any time pressure.
August 31, 2026 10:30 PM

Taxing Crypto Lending: Your Personal Rate Instead of Withholding Tax, and the Right Federal Fiscal Court Case Number
According to the only tax court ruling so far, income from crypto lending falls under Section 22(3) of the German Income Tax Act and therefore under your personal tax rate. The appeal is pending at the Federal Fiscal Court under VIII R 22/25, not under the case number given in many professional articles.
September 26, 2026 7:29 PM

Coins Stolen in an Exchange Hack: What the German Tax Office Accepts as a Loss
After the attack on Bitget on September 24, a question the reports leave out arises for those affected in Germany: can a stolen balance be written off against tax? The answer hangs on a single term in the Income Tax Act, and it is decided by your records.
September 18, 2026 10:13 AM

Bitcoin and the German Exit Tax: What Applies When You Move Abroad
Anyone emigrating with Bitcoin expects an exit tax on unrealised gains and finds nothing of the sort in the statute. Where the real risks sit is decided at four points: residence, the holding period, the legal form of your investment, and automatic reporting from 2026.
More from CryptoTicker



