Tax Basics of Bitcoin Mining in Austria and Germany

21energy-steuerliche-Grundlagen-Bitcoin-Mining

Authored by 21energy and Blockpit 
Reviewed by Bitcoin tax expert & tax advisor Georg Brameshuber
 

 

What is Bitcoin mining?

Bitcoin mining is the process by which transactions are verified in the blockchain and new bitcoins are generated. Miners (special hardware) play an essential role here by performing complex mathematical calculations to confirm transactions. This is how they are securely integrated into the blockchain. Without this validation, the decentralized nature of the blockchain could be exploited, which would open the door to fraud attempts such as issuing the same bitcoins multiple times. Mining strengthens trust in the network and thus ensures the integrity of transactions. As a reward, miners receive a combination of newly generated bitcoins, the so-called block reward, as well as transaction fees paid by users for each processed transaction. These incentives provide a strong economic driver that motivates miners to continuously contribute to the security and stability of the network.

Private vs. Commercial

The taxation of mining income in Austria depends on the specific structure of the mining activity. In general, a distinction is made between mining carried out as part of private asset management and mining conducted as a commercial activity. The exact tax classification depends on various factors, such as the scope and duration of the mining activities, as well as the hardware and infrastructure used. Since these aspects require an individual assessment, it is advisable to seek professional tax advice in each specific case to ensure legally compliant classification.

 

Classification of Mining Activities for Tax Purposes in Austria

Distinction Between Commercial and Private Mining Activities and Their Tax Treatment

Bitcoin heaters from 21energy, as well as the operation of individual Bitcoin miners—such as for monetizing surplus energy or other mining activities carried out in a private residential setting—are classified as non-commercial activities in Austria.

When Is Mining Considered a Commercial Activity in Austria?

The use of individual Bitcoin heaters from 21energy in private homes does not constitute a commercial activity. However, mining is classified as a commercial activity in Austria when it is carried out systematically and regularly with the intention of generating profit.

Typical characteristics of a commercial activity in this context include the use of specialized mining hardware, significant energy costs, and the continuous and organized execution of mining operations. These criteria do not apply to the use of Bitcoin heaters in private residential settings. However, caution is advised if Bitcoin heaters are used on a very large scale.

Taxation of Bitcoin Mining as Private Assets

In Austria, Bitcoin mining within the scope of private asset management is subject to a specific tax treatment. Both block rewards and transaction fees are taxed at a rate of 27.5%. This applies to the Bitcoin received at the time of acquisition through mining, as well as to any increase in value upon a later sale. It is important to note that expenses associated with mining are not tax-deductible. This rule applies to all forms of Bitcoin mining, including solo mining, pool mining, and cloud mining services. Austria provides a tax exemption threshold for minor income derived from Bitcoin mining in the private sphere. This threshold is EUR 22. If the income remains below this amount, no tax filing is required.

Commercial Taxation of Bitcoin Mining

Commercial mining activities are subject to a different tax treatment than private mining. In this case, income is calculated after deducting business expenses, such as costs for hardware and electricity. The resulting net income is then subject to Austria’s progressive income tax, which currently goes up to 55%. However, if Bitcoin heaters—such as those from 21energy—represent only a minor part of the commercial activity, the special tax rate for cryptocurrencies may also apply to assets held as business property. This may be the case, for example, when such heaters are used in production facilities.

The precise tax classification in the commercial context is complex and requires a detailed individual assessment. This assessment determines whether a sustainable, independent activity with the intention of making a profit is present—criteria that are essential for qualifying as a business operation.

 

Mining Rewards in the Tax Return

Practical Guide: How to Correctly Declare Your Mining Rewards in the Tax Return. You have two options for submitting your tax return in Austria: either digitally via FinanzOnline or using the traditional paper forms. The Federal Ministry of Finance provides an overview of the relevant tax forms to help streamline the process.

Rewards earned from cryptocurrency mining must be declared using the E1kv attachment, which supplements the E1 main tax form. You must enter the relevant amounts under code 171 on the E1kv form.

Note: This guide applies only to private mining. Please be aware that different procedures apply in the case of commercial mining.

 

Conclusion

Whether you're a private individual or engaged in commercial activities, the tax classification of Bitcoin mining and the associated obligations are of critical importance. With a special tax rate of 27.5% for private miners and a progressive income tax rate of up to 55% for commercial operations, Austria's tax system is tailored to address the unique aspects of Bitcoin mining.

Looking ahead, future developments—particularly as technology and market conditions evolve—may lead to further adjustments. Therefore, it's essential to stay informed and regularly monitor current tax regulations to ensure compliance.

 

 

Classification of Mining Activity for Tax Purposes in Germany

In Germany, Bitcoin is classified as a private economic asset for tax purposes. Trading cryptocurrencies is treated as a private sale transaction under § 23 of the German Income Tax Act (EStG). If cryptocurrencies are sold after a holding period of one year, any profits are tax-free. There is also a tax-free allowance and an exemption threshold for smaller gains. However, if the sale occurs within one year, the profits are subject to income tax

A special case arises with mining income:
Mining may be classified as commercial income, which has different tax implications. This includes the requirement to register a business, pay trade tax, and fulfill commercial accounting obligations.

Thus, the tax treatment depends on the nature and scale of the mining activity and may vary significantly between private and commercial classification.

 

Tax Treatment in Germany

In Germany, the tax classification of Bitcoin mining is not straightforward and depends on several factors that determine whether the activity is considered commercial or private. Bitcoin heaters from 21energy, as well as the operation of individual Bitcoin miners—for example, to monetize surplus energy or for other mining activities in a private residential setting—are currently considered non-taxable in Germany. As a result, these activities are not classified as commercial, and the later sale of the mining rewards is, in such cases, also not subject to taxation.

However, caution is advised: this legal interpretation is not yet definitively settled. The Federal Ministry of Finance (BMF) tends to classify income from such private mining activities under § 22 No. 3 EStG as “income from other services,” which could make it subject to tax after all.

As the situation remains somewhat ambiguous, staying informed and possibly seeking professional tax advice is strongly recommended.

 

Private Activity

Mining rewards from private mining activities are tax-free upon receipt if they do not exceed €256 per year. If the mining income exceeds this exemption threshold, it is taxed at the individual’s personal income tax rate, which ranges from 0% to 45%.

Under § 22 No. 3 EStG, any related expenses (Werbungskosten) can be deducted from the mining income. However, if expenses exceed income, the resulting loss cannot be offset against other types of income. Still, such a loss may be carried forward or backward to offset taxable income from the same activity in previous or future years.

The later sale of the mining rewards is considered a disposal (Veräußerung). If the rewards are sold within one yearof receipt, any capital gains are subject to the personal income tax rate. If the sale occurs after the one-year holding period, the gain is tax-free.

 

Commercial Activity

If Bitcoin mining is classified as commercial income under § 15 EStG, it leads to several important tax consequences for the taxable individual: 

  • Business registration is required with the local trade office in accordance with § 14 (1) sentence 1 of the German Trade Regulation Act (GewO).
  • For individuals and partnerships, trade tax (Gewerbesteuer) becomes applicable if the annual exemption threshold of €24,500 is exceeded.
  • Derivative (§ 140 AO in conjunction with §§ 238 and 241a HGB) or original (§ 141 AO) accounting obligation
  • Tax liability upon disposal (no holding period)

 

How is mining reported in the tax return?

Income from mining is entered in the income tax return on Annex SO for “other income,” in the section “Services.” The Annex SO can be easily completed online via the ELSTER tax portal of the Federal Central Tax Office (BZSt).

Your Compliant Bitcoin Mining Tax Report with Blockpit

Blockpit creates the most comprehensive Bitcoin tax reports in PDF format. The report provides information on all your holdings, transactions, profits, and losses, and can be used as proof of origin for banks or tax advisors. It includes all relevant transactions for the selected tax year and shows details such as timestamps, amounts, assets, costs, and fees for each transaction.

Blockpit provides you with a report where all your Bitcoin gains and losses are correctly entered directly into the appropriate forms. This applies to both the income tax return (Form E1) and the supplement for income from capital assets (Form E1kv). This saves you the time-consuming search for the right fields and complicated calculations.

Find all the details in the following article: How to correctly enter cryptocurrencies in the tax return.

 

Your Tax Advisor for Germany and Austria?

For all further tax details related to Bitcoin and mining in Austria and Germany, we recommend the tax advisor Georg Brameshuber. For tax software, Blockpit is a good choice.

Disclaimer:

This article provides general guidance based on the individual assessment of a tax expert. For precise and personalized tax advice tailored to your situation, you should definitely consult a tax advisor or the responsible tax office.

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