Bundestag passes act on the exchange of crypto-asset data
On Thursday, 8 October 2026, the Deutsche Bundestag (German Bundestag) adopted, in its second and third readings, the draft act introduced by the Federal Government on the Multilateral Competent Authority Agreement of 8 June 2023 on the automatic exchange of information pursuant to the Crypto-Asset Reporting Framework. The parliamentary deliberations were based on Bundestagsdrucksache 21/7195 (German Bundestag printed paper) as well as the recommendation for a decision and the report of the Finanzausschuss (Finance Committee) on Bundestagsdrucksache 21/8425, letter c.
The act is intended to transpose the Multilateral Competent Authority Agreement into national law. This agreement concerns the automatic exchange of information under the international reporting framework for crypto-assets. Internationally, the agreement is referred to as the CARF MCAA.
Multilateral agreement on the exchange of crypto information
Signature by Germany in Asunción
Germany signed the Multilateral Competent Authority Agreement on 26 November 2024 together with 26 other states. The place of signature was Asunción. The agreement of 8 June 2023 governs the intergovernmental exchange of information between the competent authorities.
The exchange is intended to help make tax-relevant circumstances in connection with crypto-assets more traceable across borders. According to the available information, the exchange of crypto tax data with third countries is to begin in September 2027.
Planned participation of further jurisdictions
According to additional information available, 46 jurisdictions are planning a data exchange from 2027. The United States of America is not initially participating, but has pledged to participate from 2029. The scope of the data exchange therefore also depends on the respective participation of the individual jurisdictions and the relevant implementing rules.
Content of the planned information exchange
Covered data on users and transactions
The reporting framework for crypto-assets provides for the exchange of certain information on crypto-asset users and on transactions. The information includes, among other things:
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Name,
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Address,
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Jurisdictions of residence,
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Tax identification number,
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Date of birth of each crypto-asset user,
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Type of crypto-asset,
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Total gross amounts of the transactions.
The exchange therefore concerns both personal data and transaction-related data. The specific reporting and exchange system is governed by the applicable statutory provisions and the multilateral agreement.
Relationship to national reporting obligations
The national basis for the reporting obligations is the Kryptowerte-Steuertransparenzgesetz (Crypto-Asset Tax Transparency Act) of 22 December 2025. Under it, crypto service providers report annually to the Bundeszentralamt für Steuern (Federal Central Tax Office).
According to the draft act, the Multilateral Competent Authority Agreement itself does not create any compliance burden for the economy. This is justified on the basis that the agreement only regulates the intergovernmental exchange between the competent authorities. Accordingly, the reporting obligations for affected crypto service providers do not arise directly from the Multilateral Competent Authority Agreement itself, but from the national rules.
Deliberation in the Finance Committee
Recommendation for adoption without amendment
On 7 October 2026, the Finance Committee recommended adopting the draft act without amendment. The recommendation was made with the votes of CDU/CSU, SPD, Bündnis 90/Die Grünen and Die Linke against the votes of the AfD parliamentary group.
The committee dealt with the project as part of a package together with two further government drafts on international data exchange. These further projects were listed on Bundestagsdrucksachen 21/7193 and 21/7194.
Notes on reporting obligations and duplicate reporting
In the committee debate, the CDU/CSU parliamentary group called for an examination of the effectiveness, any additional compliance burden and the benefit of the existing reporting obligations. The avoidance of duplicate reporting was also addressed.
These points concern the practical implementation of existing and future information obligations. No final assessment of the effects follows from this; the adopted and respectively applicable statutory rules remain decisive.
Further parliamentary decisions on crypto-assets
Motion by Die Linke rejected
The motion by Die Linke entitled “Strictly regulate and fairly tax crypto-assets” on Bundestagsdrucksache 21/5824 was rejected. The rejection took place with the votes of CDU/CSU, AfD and SPD against the votes of Bündnis 90/Die Grünen and Die Linke.
This motion was therefore not adopted. The decision must be distinguished from the separately considered government draft on the Multilateral Competent Authority Agreement on the automatic exchange of information pursuant to the reporting framework for crypto-assets.
Further opposition tax policy proposals
At the same sitting on 8 October 2026, the Bundestag rejected several opposition tax policy proposals in a roll-call vote. These also included the draft act by Bündnis 90/Die Grünen on the taxation of crypto-assets on Bundestagsdrucksachen 21/5752 and 21/6112.
These decisions also concern independent parliamentary proposals. They do not alter the Bundestag’s decision on the government draft regarding the Multilateral Competent Authority Agreement on the exchange of crypto information.
Further procedure in the Bundesrat
First consideration in July 2026
In the Bundesrat (Federal Council), the first consideration of the project took place on 10 July 2026 at the 1067th sitting under Bundesratsdrucksache 336/26 (Federal Council printed paper). Following the Bundestag decision of 8 October 2026, the next plenary sitting of the Bundesrat was scheduled for 20 November 2026.
The further course is governed by the constitutional and parliamentary requirements for the legislative procedure. This does not include any information on a further conclusion of the procedure.
Significance for tax transparency regarding crypto-assets
Cross-border recording of tax-relevant information
The adopted draft act concerns a key component of the international exchange of data on crypto-assets. The automatic exchange of information is intended to enable the competent authorities to better assess cross-border circumstances in the area of digital assets.
For companies, investors and high-net-worth individuals, the development may be significant in particular where crypto-assets are held or transferred via service providers, platforms or structures with a foreign connection. Whether and to what extent tax obligations exist, however, always depends on the specific individual case and the applicable provisions.
Tax classification remains case-specific
The rules on the exchange of information do not replace the tax assessment of the individual transactions. Decisive factors include, among other things, the type of crypto-assets, the economic attribution, the time of acquisition and disposal, and the tax residence of the persons or companies involved.
MTR Legal Rechtsanwälte advises companies, investors and high-net-worth individuals on tax law issues in connection with crypto-assets and cross-border matters. Anyone requiring a reliable assessment in a specific case can find further information on legal advice in tax law.
