Bundesrat 8 May 2026: What Was Actually Decided, and Why the German Exit Tax Stays Unchanged in 2026

What did the Bundesrat actually decide on 8 May 2026?

The agenda of the 1,065th session is publicly available on the Bundesrat's website (bundesrat.de). On tax matters, three items were dealt with in particular:

• 2025 Tax Amendment Act, adjusting the commuter distance allowance, targeted VAT relief for hospitality businesses, and a EUR 1,000 relief premium for certain income groups
• Tax Advisory Act reform, modernising professional rules for tax advisers and aligning them with digital workflows
• Various measures requiring approval in the field of social and family law

What was not dealt with: Section 6 AStG, the exit tax, the Foreign Tax Act more broadly, or the Mobilitatsreform being discussed by trade associations.

Why does the exit tax stay unchanged in 2026?

The 2024 to 2026 timeline of the exit tax:

• 22 November 2024: the Bundesrat approves the 2024 Annual Tax Act, extending Section 6 AStG to investment fund holdings
• 1 January 2025: the extended rule takes effect; ETFs and investment funds fall under the exit tax for the first time
• 1 January 2026: a BMF administrative directive makes the exit tax notification a mandatory electronic form (purely procedural, no substantive tightening)
• April 2026: trade associations, the business lobby and the ifo Institute intensify calls for a Mobilitatsreform, so far without a bill
• 8 May 2026: Bundesrat session, no exit tax change on the agenda

The legal basis remains unchanged: Section 6 AStG on gesetze-im-internet.de.

How does the exit tax actually work in 2026?

The key parameters at a glance:

For a full worked calculation with a practical example, see our guide Exit Tax on ETFs 2026: What German Investors Need to Know Before Emigrating.

What is behind the Mobilitatsreform debate?

Voices from the April 2026 debate (as publicly documented):

• Trade associations argue that the exit tax in its current form acts as a fiscal wall and hampers the international scaling of German start ups and mid sized companies
• The ifo Institute warned of long term lock in damage to Germany as a business location, arguing that talent and capital are no longer being drawn back to the country because the Section 6 AStG threshold creates an asymmetric burden
• Individual entrepreneurs spoke out publicly for the first time with concrete reform proposals: higher thresholds, a returnee rule, and a simpler security requirement for departures to third countries

What this debate means for DACH emigrants: the political direction is still open. The business lobby is pushing for easing, but in a fiscally stretched environment the parliamentary response could equally move the other way (lower thresholds, a broader scope, shorter deferral periods). Anyone planning an emigration should work with the current framework rather than speculate on a possibly favourable reform.

What legal alternatives do German emigrants have in 2026?

Free movement within the EU/EEA
As an EU citizen, a German national can relocate to Greece, Portugal, Cyprus or any other EU/EEA state, take up residence there and pay tax there without applying for a golden visa or any other investment-based residence permit. The automatic, interest-free deferral of the exit tax under Section 6 AStG follows from this free-movement residence, not from a residence-by-investment programme.

Malta Permanent Residency Programme (MPRP), for non-EU/EEA/Swiss nationals
Malta remains one of the most tax attractive EU locations: under non dom status, foreign income not remitted to Malta is tax free, subject to a minimum tax of EUR 15,000 a year. EU membership means the full deferral rule applies. One important clarification: Malta CBI has been closed since April 2025. What remains available is the residency route through the MPRP.
More on the Malta MPRP

German, Austrian and Swiss citizens do not need the MPRP, or any EU investor residence permit, to relocate to Malta or any other EU/EEA state: free movement already gives them that right.

UAE Golden Visa, the non-EU route
For German emigrants looking outside the EU/EEA, the UAE Golden Visa (from AED 2 million, around USD 545,000, in real estate or fund investment, valid for 10 years) offers a genuinely usable non-EU residence with zero income tax. Moving to the UAE ends the EU/EEA deferral of the exit tax under Section 6 AStG, so individual tax advice is essential before making this move.
More on the UAE Golden Visa

For an overview of citizenship options outside the EU/EEA, see Best Citizenship by Investment Programmes 2026.

How should a DACH emigrant approach 2026 strategically?

From Mirabello Consultancy's advisory practice, three strategic principles stand out:

1. Plan early, with 12 to 24 months of lead time
The earlier emigration planning begins, the greater the room for structuring. Realising gains in stages within the savers' allowance, offsetting losses against other investments, and correctly recording prior year advance lump sums all only work if the departure is not rushed.

2. Choose the destination by tax framework, not by lifestyle alone
Anyone moving to a third country such as the Caribbean or the UAE for climate or quality of life reasons must find the full Section 6 AStG amount in the year of departure, less the 7 year instalment deferral. Those planning for tax efficiency choose an EU/EEA first residence and relocate further later if needed. Mirabello regularly structures such two stage solutions.

3. Treat CBI as passport diversification, not as an exit tax solution
A second citizenship (for example Antigua, Dominica or Grenada) is a valuable asset, offering travel freedom, optionality and asset protection. But for the deferral, the country of residence is what matters, not citizenship. The combination often recommended is an EU golden visa residence together with a Caribbean CBI citizenship for passport diversification.

Why does Mirabello's Swiss base matter for DACH clients?

Mirabello Consultancy is based in Zurich and understands both the German exit tax and Swiss lump sum taxation first hand. That dual perspective matters for DACH high net worth clients:

• Switzerland is not an EU/EEA country, so moving from Germany to Switzerland does not automatically trigger the deferral rule
• Swiss lump sum taxation (Aufwandbesteuerung) is attractive long term, but it can extend Germany's Section 2 AStG shadow period from 5 to 10 years, a double taxation treaty trap
• A mitigation approach is ordinary Swiss taxation for the first 5 years, with an optional switch to lump sum taxation afterwards
• Mirabello coordinates this structuring with tax advisers in both Germany and Switzerland, boutique in style, discreet, with Swiss precision

With more than 250 CBI cases handled, over 350 golden visa mandates and a 99% success rate, Mirabello Consultancy is available to DACH high net worth clients as a boutique partner, from the initial assessment through to a successful emigration.

What questions do DACH emigrants ask about the exit tax in 2026?

Did the Bundesrat tighten the exit tax on 8 May 2026?
No. The agenda of the 1,065th Bundesrat session covered the 2025 Tax Amendment Act (commuter allowance, hospitality relief, a EUR 1,000 relief premium) and a Tax Advisory Act reform. A change to Section 6 AStG was not put to a vote. The extension to ETFs and investment funds was already passed on 22 November 2024 and has been in force since 1 January 2025.

What changes in the exit tax in 2026 compared with 2025?
Nothing substantive. The only change in 2026 is that the BMF exit tax notification has been mandatory in electronic form since 1 January 2026, a purely administrative process. The tax rate (around 26.4%), the threshold (EUR 500,000 per fund, or a stake of 1% or more) and the deferral rule (automatic and interest free within the EU/EEA) remain unchanged.

When will the Mobilitatsreform arrive, and should I wait for it?
No bill currently exists. The debate is being conducted outside parliament by trade associations, the ifo Institute and business lobby groups. Even on an ambitious timeline, passage before late 2026 or 2027 looks unlikely, and the political direction, whether easing or tightening, remains open. Mirabello recommends working with the current framework rather than waiting for a speculative reform.

Does the deferral rule apply when moving to the United Kingdom or Switzerland?
The United Kingdom has not been an EU/EEA member since Brexit, so the automatic deferral does not apply. The 7 year instalment deferral is available instead, as the third country solution. Switzerland is also not an EU/EEA country, so on a move to Switzerland the exit tax generally falls due immediately, though the 7 year instalment deferral can be requested. Swiss lump sum taxation does not resolve this issue automatically.

Is citizenship by investment worthwhile as a solution to the exit tax?
For the deferral of the exit tax, the country of residence is what matters, not citizenship. Caribbean CBI programmes (Antigua, Dominica, Grenada) sit outside the EU/EEA, so they do not activate the automatic deferral. The most strategically sound combination for DACH emigrants is therefore an EU residence via a golden visa (for the deferral) together with a Caribbean CBI citizenship for passport diversification. Mirabello regularly structures such dual solutions.

How do I start emigration planning with Mirabello Consultancy?
The first step is a complimentary initial consultation with our experts. We analyse your specific situation: portfolio value and composition, planned destination, timeframe, family circumstances and personal goals. On that basis we develop a tailored strategy, including a recommendation on the optimal residency or citizenship programme and coordination with tax advisers in Germany, Switzerland and the destination country. Mirabello Consultancy is based in Zurich and Dubai and supports DACH clients with a 99% success rate. Book your free consultation