The Federal Fiscal Court has ruled that capital gains from the sale or exchange of cryptocurrencies such as Bitcoin, Ethereum, and Monero within one year are subject to income tax (BFH ruling of 14.2.2023, IX R 3/22).
A claimant made a profit of 3.4 million Euro in 2017 from trading cryptocurrencies. The BFH confirmed the tax liability of the capital gains. Cryptocurrencies are considered assets subject to private sales transactions under § 23 EStG. The taxation is not constitutionally objectionable.