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ARTICLE · 26 FEBRUARY 2020

First Decision On Qualification Of Bitcoins Made By German Tax Court

On July 20, 2019 the German tax court for the federal states of Berlin and Brandenburg published the first decision of a German tax court on the qualification of "bitcoins" in a provisional legal protection procedure.

GermanyTechnology

On July 20, 2019 the German tax court for the federal states of Berlin and Brandenburg published the first decision of a German tax court on the qualification of "bitcoins" in a provisional legal protection procedure.

The court confirmed that a bitcoin qualifies as an "asset" for German taxation and (tax) accounting purposes.

At the same time, the court concluded that a bitcoin is not a security or financial asset because it does not represent a claim for (re)payment of money.

The capital gain derived by a private individual is taxable if realized within one year after the acquisition (that is, a disposition after one year would not be taxable).

The German Generally Accepted Accounting Principles (GAAP) applicable to intangible assets apply to bitcoins if held as a business asset.

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