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Germany vs Malaysia

Crypto regulation comparison

← Back to map | Germany | Malaysia
Germany

Germany

Malaysia

Malaysia

Legal
Legal

Germany has one of the most well-defined crypto regulatory environments in Europe. BaFin has regulated crypto custody as a financial service since 2020. Notably, crypto held for over one year by individuals is completely tax-free, making Germany one of the most favorable jurisdictions for long-term holders.

Cryptocurrency is legal and regulated in Malaysia. The Securities Commission oversees digital asset exchanges (DAX) and initial exchange offerings under the Capital Markets and Services (Prescription of Securities) Order 2019. Only SC-approved exchanges can operate. Malaysia does not impose capital gains tax on crypto for individuals, though frequent trading may be classified as business income.

Tax Type Capital gains
Tax Type None
Tax Rate 0-45%
Tax Rate 0%
Exchanges Yes Yes
Exchanges Yes Yes
Mining Yes Yes
Mining Yes Yes
Regulator BaFin (Bundesanstalt für Finanzdienstleistungsaufsicht)
Regulator SC (Securities Commission Malaysia), BNM (Bank Negara Malaysia)
Stablecoin Rules Regulated under MiCA; BaFin already licensed crypto custody under existing German law since 2020
Stablecoin Rules Digital assets on approved exchanges only; stablecoins not separately regulated
Key Points
  • Crypto held for more than 1 year is completely tax-free for individuals
  • Short-term gains (under 1 year) taxed as income at up to 45% plus solidarity surcharge
  • Annual exemption of €1,000 for short-term crypto gains (since 2024, previously €600)
  • BaFin licenses crypto custody businesses under the KWG (German Banking Act) since January 2020
  • MiCA framework applicable from December 2024, complementing existing German regulation
Key Points
  • Digital asset exchanges must be registered and approved by the Securities Commission
  • Only approved tokens can be listed on registered exchanges (e.g., BTC, ETH, XRP on approved list)
  • No capital gains tax for individuals; frequent trading may be treated as business income
  • BNM regulates crypto for AML/CFT purposes under the Anti-Money Laundering Act
  • IEOs must be conducted through SC-approved platforms
Sources
Sources