Taxation of cryptocurrencies: Why a holistic approach (full service) is appropriate

The taxation of cryptocurrencies is increasingly becoming the focus of financial authorities. Crypto traders, investors and stakers should now carefully review their crypto transactions from previous years for tax purposes. The reason for this is the ever-increasing transparency towards the tax authorities, particularly due to new European regulations and reporting requirements. With our full service for crypto tax returns, you will be well prepared.

Tax authorities are becoming increasingly knowledgeable: MiCA and new reporting requirements

A key component of this development is the MiCA Regulation (Markets in Crypto-Assets Regulation). MiCA creates the first uniform European legal framework for dealing with crypto assets and is aimed in particular at crypto service providers such as exchanges, brokers, custodians and wallet providers.

From a tax perspective, the associated extensive reporting and documentation requirements are particularly relevant:

  • Identification and verification of customers (KYC)
  • Complete recording of crypto transactions
  • Forwarding of relevant data to national tax authorities
  • Basis for EU-wide information exchange (including in conjunction with DAC-8).

The result: the tax authorities are now – and will be even more so in future – in a position to retrospectively trace crypto transactions and compare them with submitted crypto tax returns. Missing or inaccurate declarations are therefore increasingly not going undetected.

Crypto taxes: When are crypto transactions subject to taxation?

For the tax authorities, the tax treatment is largely based on the BMF letter on the income tax treatment of virtual currencies and other tokens. The following applies: A blanket approach is insufficient – the decisive factor is always the individual case.

In principle, tax obligations may arise in the following situations in particular:

  • Sale of cryptocurrencies within the one-year holding period (§ 23 EStG)
  • Crypto-to-crypto exchange transactions that are considered sales for tax purposes
  • Staking, lending and masternode rewards as other income
  • Airdrops and hard forks, depending on the occasion and structure
  • Mining income, possibly also classified as commercial income

Unclaimed staking rewards: Taxable inflow as at 31 December.

The administrative opinion on staking rewards is particularly relevant in practice when it comes to crypto tax:

According to the Federal Ministry of Finance, even rewards that have not been actively claimed are deemed to have been received by 31 December of a given year at the latest, provided that economic control exists. This means that tax liability can arise even without actual payment – an aspect that is often overlooked in practice.

One-year period – not always the decisive criterion

A common misconception is that crypto profits are always tax-free after one year. This is not true:

  • In cases of commercial crypto trading (e.g. high trading frequency, significant capital investment, participation in the market as a trader), taxation may apply regardless of the one-year period.
  • In addition, taxation in accordance with the principles of capital gains tax may also be considered in individual cases, particularly for structured products or certain derivative structures.
  • The question of whether private sales transactions exist must also always be examined on a case-by-case basis.

Conclusion: Whether the one-year period is relevant for crypto trades can only be assessed on the basis of a well-founded analysis of each individual case. Blanket assumptions entail considerable tax risks.

Voluntary disclosure of undeclared crypto income

If crypto income has been not declared or declared incompletely in the past, a voluntary disclosure exempting from punishment may be considered, depending on the circumstances. However, this is subject to strict formal and content requirements:

  • Complete subsequent reporting of all tax-relevant facts
  • Correct allocation in terms of time and tax
  • Timely submission before discovery by the tax authorities

Against the backdrop of increasing data availability, an early and professionally supported voluntary disclosure is often the decisive step in avoiding criminal tax risks. When it comes to this topic, too, you are choosing the right partner with our crypto tax advisors and our full crypto tax service.

Full service for cryptocurrency taxation – the Acconsis crypto team

With its specialised crypto team, Acconsis Tax Consultancy offers a comprehensive full service for all aspects of crypto tax returns:

  • Preparation and plausibility checking of crypto reports (across exchanges and wallets)
  • Tax classification of all crypto transactions according to the current legal situation
  • Review of one-year period, commerciality and special circumstances
  • Support and implementation of voluntary disclosures, if crypto income needs to be reported retrospectively
  • Preparation and correction of the necessary crypto tax returns
  • Communication with tax offices and support during tax audits

Our approach combines specialist tax law expertise with technical understanding of the crypto markets – legally compliant, discreet and tailored to your individual needs.

My advice: Do not wait for queries from the tax office. This can significantly limit your options for action and, in particular, prevent you from making a voluntary disclosure that would exempt you from punishment.

Whether you trade as a private individual or as a company, have your crypto transactions professionally audited and processed with our full crypto tax service!

FAQs about crypto taxes

When are cryptocurrencies taxable?

Cryptocurrency transactions are taxable for private individuals if they are sold within the one-year holding period or if income is generated from staking, lending, mining or airdrops. In cases of commercial crypto trading, for example, taxation may also apply regardless of the one-year period. The decisive factor is always the individual case.

Are staking rewards taxable even if they have not been paid out?

Yes. According to the tax authorities, unclaimed staking rewards are considered to have been received by 31 December of a given year at the latest, provided that the taxpayer has economic control over them. This means that a tax liability may arise even without active payment.

Does the one-year period always apply to crypto trading?

No. The one-year period is not relevant in every case. In the case of commercial crypto trading or certain structured transactions, taxation may also occur outside the one-year period. Whether the one-year period is applicable must always be assessed on a case-by-case basis.

Can crypto profits also be subject to capital gains tax?

In certain circumstances, in addition to taxation as a private sale transaction, taxation in accordance with the principles of capital gains tax may also be considered, for example in the case of derivative or structured crypto investments. Here, too, a case-by-case assessment is required.

What does MiCA mean for the taxation of cryptocurrencies?

The MiCA Regulation (Markets in Crypto-Assets Regulation) imposes comprehensive documentation and reporting requirements on crypto service providers. This gives tax authorities increasingly detailed information about crypto transactions, which significantly increases tax traceability.

Does Acconsis also provide support with voluntary disclosures for crypto income?

Yes. As part of its full crypto tax service, Acconsis also offers voluntary disclosures in connection with cryptocurrencies. We prepare crypto data, classify it correctly for tax purposes and assist with the complete and timely submission of supplementary tax returns to the tax authorities.