Cryptocurrencies and § 2 AStG: Tax liability despite emigration to Montenegro
Cryptocurrencies are often prematurely regarded as "out of German reach" when moving to Montenegro. This may be wrong. The decisive factors are acquisition, sale, exchange, holding period, German connecting factors, actual residency in Montenegro and the question of whether Section 2 AStG must be examined on a case-by-case basis when moving to Montenegro.
- Objective: Prepare crypto holdings, relocation and possible German tax consequences properly before selling or exchanging.
- Key question: Which transactions remain relevant for tax purposes and what evidence is missing?
- Benefit: no false security due to deregistration, new address or foreign stock exchange.
Cryptocurrencies moving to Montenegro: the central misconception
The common misconception is: leave Germany, register in Montenegro, keep the wallet - done. This logic does not work for tax purposes. Digital assets do not automatically follow the new address.
The decisive factors are what happened before the departure, what transactions are planned, whether Germany still has points of contact and whether residency in Montenegro can actually be proven.
- Sale and exchange: Coins and tokens can fall under Section 23 EStG in German private assets.
- Deregistration: It is a building block, but not the end of the line for tax purposes.
- § Section 2 AStG: Extended limited tax liability must be examined if personal requirements, departure, low taxation and significant economic interests can come together.
- Montenegro: DTA, residence and actual center of life must be considered separately.
- Evidence: Acquisition, sale, exchange, wallet addresses, TX IDs, exchange exports and times must be traceable.
§ 2 AStG: When Germany can continue to examine after departure
§ Section 2 AStG does not automatically apply to every crypto holding. It becomes critical when previous unlimited tax liability in Germany, German citizenship, low taxation in the country of residence and significant economic interests come together as test points. For this reason, the tax exit from Germany should be properly prepared before major crypto transactions.
Phase 1 - Clarifying departure and residency
The following are recorded: giving up residence, deregistration, stay in Montenegro, actual center of life and available evidence.
Result: Overview of whether the departure is documented in a tax-relevant manner.
Phase 2 - Recording German points of contact
Real estate, shareholdings, accounts, company emoluments, current income and other economic interests in Germany are checked.
Result: Red flag overview of possible German taxation rights.
Phase 3 - Allocate crypto transactions
Sales, exchanges and DeFi histories are organized in terms of time and documentation before a tax consultant carries out the legal assessment.
Result: orderly test bench before sale, exchange or tax declaration.
ekosphere does not replace tax advice. We structure the case, organize evidence and prepare the professional review by authorized consultants.
Holding period, sales and proof of coins and tokens
Cryptocurrencies can be treated as other assets in German private assets. The sale or exchange can therefore be relevant for tax purposes if the acquisition, sale and deadline match.
- Acquisition: Purchase against euro, foreign currency or other crypto assets must be verifiable in terms of time.
- Disposal: Sale for fiat or exchange for other tokens can be a taxable transaction.
- Holding period: In the case of private sales transactions, the one-year period between acquisition and sale is generally central.
- Documentation: Wallet addresses, TX IDs, exchange data, timestamps and cost basis should be backed up.
- Foreign reference: A foreign stock exchange does not replace a tax allocation.
The preliminary review does not replace a tax assessment. It organizes data, evidence and open questions so that German or Montenegrin consultants can work efficiently.
DTA Montenegro: Why Montenegro is not a classic non-DTA case
Moving to Montenegro is not the same as moving to a country without a double taxation agreement. From a German perspective, there is a documented DTA relationship with Montenegro. However, this does not result in a blanket tax exemption for crypto profits.
- DTA reference: From a German perspective, Montenegro is not a blanket non-DTA state.
- Residence: domicile, habitual residence and center of life must actually be relocated to Montenegro and be verifiable.
- Germany references: Real estate, companies, accounts, shareholdings or income may remain relevant.
- Check crypto separately: Private crypto gains depend on holding period, transaction type and tax allocation.
- No copy-paste models: Dubai, Switzerland or Free Zone examples do not automatically apply to Montenegro.
The decisive factor is not the keyword "Montenegro", but the combination of the actual center of life, evidence, transaction history and German connecting factors. In-depth preparation for tax residency in Montenegro can be useful for this.
Audit trail before emigration, sale or exchange
Coins and tokens should be organized before moving, selling or exchanging them. Those who only check after profits have been realized usually have less room for manoeuvre and more documentation pressure.
- Record inventory: Record coins, tokens, exchanges, wallets and relevant transaction types.
- Prepare for departure: clarify German apartment, deregistration, residence and proof of residence.
- Record your German income: Document assets, income, shareholdings, real estate and accounts.
- Save history: Export purchase dates, exchange transactions, sales, stock exchange reports and wallet data.
- Check holding periods: Do not value the sale or exchange until the acquisition and holding period can be verified.
- Prepare consultants: Organize documents so that consultants do not start from scratch.
Expected result of the preliminary audit
In the end, there is no blanket tax commitment, but rather an orderly status report on the current situation, relocation, residency, German benefits and missing evidence.
- Transaction overview: purchase, sale, exchange, holding period and existing documents.
- Departure status: deregistration, abandonment of residence, residence and center of life.
- Germany-related: Overview of relevant assets, income and economic interests.
- Risk profile: recognizable points regarding § 2 AStG, § 23 EStG and documentation gaps.
- Subsequent steps: Preparation for tax audits in Germany and Montenegro.
Depending on the case, taxes in Montenegro, bankability, residence and corporate structure may also be included in the overall assessment. ekosphere coordinates this review, but does not replace tax advice.
For whom this preliminary check makes sense
The preliminary assessment makes sense if crypto holdings, relocation to Montenegro and German connecting factors coincide. It is not a tax-saving assertion, but preparation for a professional assessment.
Suitable for
- German nationals with planned or completed emigration to Montenegro
- Crypto holders with sales, exchanges, staking or DeFi history
- Persons with German real estate, GmbH shares, bank accounts or German income
- Emigrants who want to document their place of residence and center of life in a traceable manner
- Cases in which German and Montenegrin tax advisors need to be prepared
Not suitable for
- Blanket tax-free statements without a case-by-case assessment
- Cases without documentation, transaction history or disclosure
- Arrangements without an actual center of life in Montenegro
- Arguments along the lines of "crypto is anonymous"
- Subsequent fair value adjustments of already unaudited realized gains
If the move also concerns residence, work or a longer-term center of life, the right of residence in Montenegro should also be considered at an early stage.
Team on site in Ulcinj
On site, we bundle the emigration structure, document coordination and local processes. The goal is a case that is not based on allegations, but on verifiable documents.
Formats & price range
The scope depends on the data situation and complexity: from the initial meeting to the preparation of documents and risks for tax consultants.
Which format suits which need?
- Initial strategic meeting: when relocation, residency and possible tax risks need to be roughly sorted out first.
- Document & risk pre-check: if transaction history, German references and departure documents are to be organized in advance.
- Operational structure day: when several topics, consultant questions and evidence need to be brought together.
- Multi-day program: when departure, company, residence, assets and digital assets must be considered together.
Strategic initial meeting
Video call
150,00 €
- 60 minutes
- 1 - 3 participants
- DE / EN / MNE
- Sort out departure, residency and crypto holdings
- Determine next audit trail
Document & risk precheck
Remote Screening
450,00 €
- Checklist for departure, residency and German points of contact
- Preliminary check of existing transaction data
- Red flag screening for section 2 AStG and section 23 EStG
- Questionnaire for tax consultants
- Structure for the next step
Operational structure day
Documents, case structure and coordination
999,00 €
- 1 day structured implementation
- 1 / 3 Participants
- Processing of departure, residency and history
- Coordination of open consultant questions
- Documented decision status
Multi-day program
Departure, assets, residence & structure
On request
- Duration according to project complexity
- Relocation, residence, company and assets can be combined
- Preparation for German and Montenegrin consultants
- Prioritization of open audit trails
- Structure for decision-making and implementation
Net prices plus 21 % VAT. Tax advice is provided exclusively by appropriately authorized tax consultants or lawyers. ekosphere structures, coordinates and prepares the case operationally.
FAQ: Crypto, § 2 AStG and Montenegro
Cryptocurrencies when moving to Montenegro must be considered together with holding periods, residency, DTAs, Section 2 AStG and German connecting factors. A single factor does not support a serious tax assessment.
Am I automatically no longer liable to pay tax in Germany after moving to Montenegro?
No. Deregistration and residence in Montenegro can be important, but do not automatically end all German tax liability. The decisive factors are residency, center of life, German connecting factors and the type of income.
Why are coins and tokens particularly critical when moving away?
Coins and tokens as private assets may fall under Section 23 EStG. Sale or exchange within the relevant periods can be significant for tax purposes, even if the place of residence has already been relocated.
Is Montenegro considered a country without a double taxation agreement?
No. From a German perspective, Montenegro has a documented DTA relationship. Examples of countries without DTAs should therefore not be applied to Montenegro.
Does the DTA relationship with Montenegro always protect against Section 2 AStG?
Not across the board. The DTA reference is an important test point, but does not replace an assessment under national law and treaty law. The specific facts of the case remain decisive.
What documents are required for a preliminary assessment?
The following are required: departure data, proof of deregistration and residence, information on German assets and income as well as a traceable transaction history.
- Wallet addresses, TX IDs and exchange exports
- Acquisition and sale dates
- Proof of domicile, residence and center of life
- Overview of German assets and income
Is a foreign exchange or wallet sufficient?
No. The location of the exchange or wallet is not the only decisive factor. Tax allocation, holding period, transaction type, residency and possible German connecting factors are decisive.
When should the test be carried out?
The audit should be carried out before moving away or at the latest before selling and exchanging relevant crypto assets. After realized transactions, often only documentation and professional damage limitation remain.
Does ekosphere replace the tax consultant?
No. ekosphere does not replace tax advice. We structure the case, collect documents, prepare questions and coordinate the next steps with the relevant specialist advisors.
Audited bases for crypto, § 2 AStG and Montenegro
Official federal sources and case law have been checked for this page. They are intended for technical classification, not for self-execution. The tax valuation of crypto assets, Section 2 AStG and Section 23 EStG remains dependent on the individual case.
- Montenegro / DTA reference: BMF documentation on the continued validity of the German-Yugoslavian double taxation agreement in relation to Montenegro.
- Crypto assets / Income tax: BMF letter dated March 6, 2025 on the income tax treatment of certain crypto assets.
- Crypto as an asset: BFH ruling IX R 3 / 22 on currency tokens as possible assets in the context of private sales transactions.
- § Section 2 AStG: Legal basis for extended limited tax liability.
- § Section 23 EStG: Legal basis for private sales transactions.
None of these principles contain a blanket statement that cryptocurrencies are automatically tax-free or automatically taxable when moving to Montenegro. Only a case-by-case assessment based on relocation, residency, DTA relationship, German connecting factors, holding periods and documented transaction history is viable.
Contact & Office in Ulcinj
ekosphere doo
Bulevar Teuta bb
85360 Ulcinj, Montenegro
PIB: 0317 1868
REG: 5081 9609
PDV: 82 / 31-02022-6
Bulevar Teuta bb
85360 Ulcinj, Montenegro
PIB: 0317 1868
REG: 5081 9609
PDV: 82 / 31-02022-6
WhatsApp is usually the quickest way to make initial contact, request an appointment or ask questions about relocation, document structure and tax audit trail. On-site appointments are made by prior arrangement.
- Phone: +382 69 344 043
- WhatsApp Business: +382 30 681 227
- E-mail: office@ekosphere.me
- Opening hours: Mon-Fri 10:00-17:00
- Outside opening hours: by appointment
