What should a good tax adviser point out on DAC8?
Since 2026 crypto-asset service providers report data about their users. What a good adviser should raise on their own, with a checklist and a list of questions. The basics are in the article DAC 8 and the last chance for a voluntary disclosure.
- The providers have to report, not you. But the report is about you, including your tax identification number.
- Existing customer relationships are covered too. The first reporting period is 2026; the providers' first report is due by 31 July 2027.
- Swaps between crypto assets are reported as well. Self-custodied wallets are not reported, but transfers to them are visible as a transaction.
- On the blocking effect for a voluntary disclosure, our article states our legal view; the supreme court has not decided it.
What your adviser should raise on their own
Who reports and who does not
Trading platforms, brokers, custodians and payment services report. Self-custodied wallets have no reporting entity, and you do not report under DAC8 yourself. Your duty remains a correct tax return.
What is reported
Name, address, date of birth, tax identification number and state of residence, plus the transactions of the reporting period: exchanges against fiat, exchanges between crypto assets, transfers to and from addresses outside the platform.
Existing customers and earlier years
The due diligence obligations extend to existing user relationships. Earlier years are not reported, but can be inferred from holdings and transactions.
Timeline
Start 1 January 2026; reference date for existing customers 31 December 2025; due diligence for existing customers expected by 1 January 2027; the providers' first report by 31 July 2027; first exchange between states from the end of September 2027. This rests on the government draft (BT-Drs. 21/1937) and the ministry circular of 14 January 2026.
The path of the data
Provider, Federal Central Tax Office, tax office of residence. Only on forwarding do the data reach the office handling your case. In our view that is decisive for detection of the offence.
Swaps between crypto assets
Swaps are disposals for tax purposes and are missing from many returns. A comparison therefore spots them easily.
Foreign exchanges and self-custody
The reporting duty attaches to the residence of the users, not only to the provider's seat. If you enter or leave through a platform, the link to the address becomes visible.
Leaving Germany and DAC8
The report contains the state of residence. If you move abroad, update your address with the platforms and clarify whether reports go to the new state.
Checklist for the advisory meeting
List of questions
Questions you can ask. Good answers are specific and name their basis.
- Which of my platforms report me, and from when?
- Do my returns match what the platforms will report?
- Which transactions, such as coin-to-coin swaps, rewards or airdrops, may I not have declared?
- How far back does my data go, and where is something missing?
- Can you reconstruct earlier years with blockchain evidence?
- When is a voluntary disclosure still possible, and which bars exist?
- How long does preparation take with my data?
- What does reviewing my returns cost, and what does a voluntary disclosure cost?
- What happens if I move abroad: where does the data go?
- What should I definitely not do now?
Warning signs
- You are reassured without your returns having been reviewed.
- You are told self-custody protects against any visibility.
- A voluntary disclosure is recommended without first working out the numbers.
- There is no timeline.
Frequently asked questions
Who reports under DAC8?
Are swaps between crypto assets reported too?
When is the first report due?
Legal position: position 12 October 2026. Sources: Directive (EU) 2023/2226, KStTG (BT-Drs. 21/1937), ministry circular of 14 January 2026, sections 370, 371, 398a AO; details in the linked article. The statement on the time of detection is our legal view. The figures are abridged and are not advice on an individual case. Where this English text and the German text differ, the German text prevails.