- A broker may serve German retail clients either with its own BaFin authorisation or through a MiFID II passport notified by its home regulator, and both appear in the BaFin company database
- BaFin's CFD General Administrative Act of 23 July 2019 applies without a time limit: leverage caps such as 30:1 on major pairs, a 50% margin close-out, no additional payment obligation and a ban on trading bonuses
- German firms belong to the EdW (90% of the claim, maximum 20,000 euros); a passported Cypriot firm is covered by the Cyprus ICF, not the EdW
- CFD profits are capital income taxed at the 25% flat rate plus solidarity surcharge, and the 20,000 euro loss-offset cap for Termingeschäfte was abolished by the Annual Tax Act 2024
- Regulation limits the damage a broker can do to you; it does not limit the losses the market can do
- How a broker can legally serve you in Germany
- How to check a passport in the BaFin company database
- BaFin's CFD rules: what applies to every retail account
- Local, passported and offshore routes compared
- Compensation: EdW versus the Cyprus ICF
- XM and Exness: which entity a German client would meet
- How forex CFD gains are taxed in Germany
- Funding in euros
- Trading hours from Germany (CET/CEST)
- Swap-free accounts for Muslim traders in Germany
- Glossary
- Checklist before you fund an account
- Key takeaways
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Germany is one of the most tightly defined retail CFD markets in Europe. BaFin turned the temporary ESMA restrictions of 2018 into its own permanent national order in July 2019. For a trader in Munich, Hamburg or Leipzig, the real questions are narrower: which legal route does the broker use to reach you, which compensation scheme sits behind it, and how will you report the results to the Finanzamt? The broker table above this article comes from our database; use this guide to interpret it, not as a ranking.
How a broker can legally serve you in Germany#
A broker can reach German retail clients in exactly two lawful ways: its own BaFin authorisation, or an EU passport notified by its home regulator. Anything else, such as an offshore company contacting you through social media, is not authorised to provide investment services in Germany.
The first route is a German investment firm (Wertpapierinstitut) or bank authorised by BaFin. The second is the MiFID II "European passport". A firm authorised in another EEA state, for example a Cyprus Investment Firm supervised by CySEC, notifies its home regulator that it intends to provide services in Germany. The home regulator passes the notification on to BaFin. The firm may then serve German clients either cross-border, typically online under section 74 WpIG, or through a German branch under section 73 WpIG. BaFin records both types in its company database.
A passported firm is supervised mainly by its home regulator for capital and client money. BaFin's CFD order still applies to what it sells to German retail clients.
Worked example: a German-language broker site says "regulated in the EU" and its footer names a Cyprus company. You find that exact name in the BaFin database as a cross-border service provider from Cyprus, then confirm an active authorisation on the CySEC register. Only now do you know who stands behind your account.
Common mistake: assuming a German-language website, a Frankfurt phone number or a ".de" domain means the firm is German. None of these says anything about authorisation.
Tip: save a dated screenshot of both register entries next to your signed client agreement. If the company name on the agreement ever changes, you will notice immediately.
How to check a passport in the BaFin company database#
Search the exact legal name, not the brand. BaFin's company database lists firms with a German authorisation, firms that have completed the passport notification procedure, and representative offices.
- Open the BaFin company database and enter the legal name from your client agreement. BaFin supports the wildcard
*for partial names. - Open the result and read the category and activities. A passported firm shows its home country and whether it acts through cross-border services or a branch.
- Open the home regulator's register (for Cyprus, the CySEC register) and check the same company, its licence status and its authorised services.
- Search BaFin's consumer warnings page for the brand and any domain the firm uses. BaFin regularly names websites offering financial services without authorisation.
If an EEA firm serving you is missing from the database, ask it in writing why. A firm based outside the EEA has no passport to use.
BaFin's CFD rules: what applies to every retail account#
Every broker offering CFDs to retail clients in Germany must meet five conditions from BaFin's General Administrative Act of 23 July 2019. The act has no expiry date, and it covers rolling spot forex and financial spread bets as well as classic CFDs.
- Initial margin protection (leverage caps). Minimum margins are 3.33% on pairs made of two of USD, EUR, JPY, GBP, CAD and CHF (30:1); 5% on other pairs, gold and listed major indices including the DAX (20:1); 10% on other commodities and indices (10:1); 20% on single shares and other underlyings (5:1); and 50% on cryptocurrencies (2:1).
- Margin close-out. The broker must close one or more positions when the account's funds plus unrealised profit fall below 50% of the required initial margin.
- Negative balance protection. BaFin phrases this as a ban on any additional payment obligation (Nachschusspflicht). BaFin first ordered this for retail clients in May 2017, a year before ESMA acted.
- Bonus ban. No monetary or non-monetary benefits that encourage trading, including opening bonuses, discounted fees, volume rebates and refer-a-friend schemes. Analysis tools and tutorials are allowed.
- Standard risk warning with the provider's own percentage of losing retail accounts, shown prominently in ads, apps, videos, podcasts and social posts, including those run by affiliates.
BaFin's 2020 guidelines add that the no-additional-payment and close-out rules must be written unambiguously into the broker's terms. If you cannot find them there, that is a red flag.
Worked example: you deposit 2,000 euros in a euro account and want 1 lot of EUR/USD, a notional value of 100,000 euros. At 30:1 the required margin is 3.33%, or about 3,333 euros, which you do not have. At 0.5 lots the margin is about 1,667 euros. If losses push your equity below about 833 euros, half that margin, the broker must start closing positions. Use the lot size calculator to run your own numbers.
Common mistake: requesting professional status to unlock 200:1 leverage. Genuine professional clients must meet the MiFID II criteria, and the act's retail protections, including the leverage caps and mandatory negative balance protection, no longer apply to them.
Tip: if a firm advertises a deposit bonus to German residents, treat it as evidence that you are dealing with the wrong entity or an unauthorised one. See our explainer on ESMA, FCA and ASIC leverage limits.
Local, passported and offshore routes compared#
The route determines who supervises the firm, which compensation scheme applies and where you complain. The table summarises what you can expect as a retail client resident in Germany.
| Feature | German firm with BaFin authorisation | EEA firm on a passport (e.g. CySEC) | Non-EEA offshore company |
|---|---|---|---|
| Listed in BaFin database | Yes, as authorised institution | Yes, as cross-border provider or branch | No |
| Main prudential supervisor | BaFin (with Bundesbank) | Home regulator, e.g. CySEC | Foreign or none |
| BaFin CFD order applies | Yes | Yes, for German retail clients | Not enforceable in practice |
| Compensation scheme | EdW: 90% of claim, max 20,000 euros | Home scheme, e.g. Cyprus ICF: lower of 90% or 20,000 euros | Depends on offshore rules, often none |
| German tax withheld automatically | Usually yes, by a German institution | Usually no, you declare it | No, you declare it |
| Out-of-court complaints | German arbitration bodies, BaFin | Home-country ombudsman first | Offshore regulator, if any |
Common mistake: believing a group licence covers every company in the group. Protection follows the company in your agreement. Our broker brand versus legal entity checklist walks through this step by step.
Compensation: EdW versus the Cyprus ICF#
Both schemes pay the same maximum of 20,000 euros, but they are different funds with different procedures. The EdW (Entschädigungseinrichtung der Wertpapierhandelsunternehmen) covers investment firms authorised in Germany. It pays 90% of your claims from securities business, capped at 20,000 euros per investor however many accounts you hold, and only for claims in euros or another EU currency. BaFin must first formally determine the compensation case and publish it in the Federal Gazette, after which you have one year to file with the EdW.
A passported Cypriot firm is a member of the Cyprus Investors Compensation Fund. Under CySEC Directive DI87-07 it pays the lower of 90% of your covered claims or 20,000 euros.
Worked example: a broker becomes insolvent holding 15,000 euros of your money. If client money was properly segregated, most of it should come back through the insolvency process. If there is a shortfall, the scheme pays at most 90%: 13,500 euros. On a 40,000 euro balance, the cap limits you to 20,000 euros.
Common mistake: thinking compensation covers trading losses. Neither scheme pays for losing trades, poor advice or market moves. It exists only for a firm's failure to return money it owes you.
Tip: keep money you do not need for margin in your own bank account. See how negative balance protection differs from compensation.
XM and Exness: which entity a German client would meet#
Check the entity, not the brand. XM serves EU and EEA clients through Trading Point of Financial Instruments Ltd, a Cyprus Investment Firm authorised by CySEC. A Cypriot firm can only serve German clients through the passport route described above. Verify its current German passport entry in the BaFin database before opening an account, and expect BaFin's CFD conditions, including the bonus ban, to apply.
Exness is different. Its CySEC-licensed company, Exness (Cy) Ltd, does not serve retail clients, and its UK entity does not either. Exness's retail entities are regulated outside the EEA, so they have no MiFID II passport into Germany. A German resident should not expect a retail Exness account under BaFin-compatible terms. Our CySEC regulation explainer shows how to read a CySEC licence.
How forex CFD gains are taxed in Germany#
CFD profits, including on currency pairs, are capital income taxed at the flat 25% Abgeltungsteuer, plus 5.5% solidarity surcharge on the tax and church tax where applicable. The Federal Ministry of Finance's letter on Abgeltungsteuer (14 May 2025, paragraph 9) expressly lists CFDs on shares, indices, currency pairs or interest rates as Termingeschäfte under section 20(2) sentence 1 no. 3 of the Income Tax Act (EStG).
The big change concerns losses. From 2021, losses from Termingeschäfte could only be offset against gains from Termingeschäfte and similar income, and only up to 20,000 euros a year, with the excess carried forward. That special rule in section 20(6) sentences 5 and 6 EStG was repealed by the Annual Tax Act 2024 (Jahressteuergesetz 2024, dated 2 December 2024). The repeal applies in all cases that were still open, as the Federal Fiscal Court confirmed in 2025. CFD losses can now in principle be offset against other capital income, although the general rule remains that capital losses cannot be offset against salary or other income types.
Other points that affect traders:
- The saver's allowance (Sparer-Pauschbetrag) is 1,000 euros per person, or 2,000 euros for jointly assessed couples.
- A foreign broker normally deducts no German tax. You report the gains in Anlage KAP of your income tax return.
- If your personal income tax rate is below 25%, you can apply for the Günstigerprüfung on the return.
Worked example: a single trader with a foreign broker makes 6,000 euros of CFD gains and has no other capital income. After the 1,000 euro allowance, 5,000 euros is taxable: 1,250 euros of tax plus 68.75 euros of solidarity surcharge, before any church tax. This is an illustration, not a calculation for your case.
Common mistake: assuming that because nothing was withheld, nothing is owed. Income through a foreign account must still be declared.
Tip: download annual statements showing realised profit and loss, swaps and fees in euros, and have a Steuerberater check them. Compare other countries in our forex tax guide.
Funding in euros#
Germany is inside the euro area, so a euro-denominated account removes most conversion costs. Euro monetary policy is set by the ECB in Frankfurt; the Deutsche Bundesbank is part of the Eurosystem and shares prudential supervision of German institutions with BaFin.
SEPA transfers are the usual funding route for EU brokers. Check that the receiving account belongs to the company in your agreement. Card and e-wallet availability depends on the entity, so rely on what the verified account shows. A USD account converts every euro deposit and withdrawal, and that spread adds up.
Common mistake: paying into a private individual's IBAN because "support" says it is faster. See the forex scam warning signs.
Trading hours from Germany (CET/CEST)#
German traders sit in the most convenient time zone for forex: the London session runs through the working day and the overlap with New York falls in the afternoon. Germany uses CET (UTC+1) in winter and CEST (UTC+2) from the last Sunday in March to the last Sunday in October.
| Window (German time) | What happens |
|---|---|
| Sunday about 23:00 | Weekly forex open as Asian trading begins |
| 09:00–17:30 | Xetra trading hours for German shares and the DAX |
| About 09:00–18:00 | London session, deepest EUR and GBP liquidity |
| About 14:00–18:00 | London and New York overlap |
| Friday about 23:00 | Weekly close, weekend gap risk begins |
Europe and the US change clocks on different dates, so for a week or two each spring and autumn US data and the New York open arrive one hour off. Check the live times on our forex market hours page. ECB rate decisions are published in Frankfurt at 14:15 German time, followed by a press conference at 14:45, so EUR pairs often move twice in that window.
Swap-free accounts for Muslim traders in Germany#
Some EU brokers offer swap-free accounts on request. Swap-free is a structural feature that removes overnight interest, sometimes replacing it with a fixed fee. It is not a religious ruling, and scholars differ on leveraged CFD trading. See our Islamic account overview.
Glossary#
- Allgemeinverfügung: a general administrative act. BaFin's CFD order of 23 July 2019 is one.
- Nachschusspflicht: an obligation to pay more money than you deposited. Banned for retail CFD clients in Germany.
- European passport: the MiFID II right of an EEA-authorised firm to serve clients in another EEA state after notification.
- EdW: the German statutory compensation scheme for investment firms.
- Termingeschäft: a forward-type transaction for tax purposes. CFDs belong to this category.
- Abgeltungsteuer: the 25% flat tax on capital income.
- Anlage KAP: the part of the German tax return where capital income is declared.
Checklist before you fund an account#
- Copy the exact legal company name from the client agreement.
- Find that company in the BaFin database as authorised or passported.
- For a passported firm, confirm the same name on the home regulator's register.
- Search BaFin's consumer warnings for the brand and its domains.
- Confirm the terms exclude any additional payment obligation and state the 50% close-out.
- Walk away from any opening bonus, rebate or refer-a-friend offer.
- Identify the compensation scheme: EdW or the home-country fund.
- Fund in euros by SEPA to an account in the broker's own name.
- Plan how you will declare gains in Anlage KAP.
Key takeaways#
- Two lawful routes exist: BaFin authorisation or a notified EU passport, both visible in the BaFin database.
- BaFin's CFD rules are permanent and apply to all retail CFD business in Germany, including passported firms.
- Compensation is limited to 20,000 euros and never covers trading losses.
- The 20,000 euro cap on offsetting CFD losses was repealed by the Annual Tax Act 2024.
- XM reaches EU clients through its CySEC company; Exness's CySEC company does not accept retail clients.
Risk warning: CFDs are complex, leveraged instruments and come with a high risk of losing money rapidly. Most retail CFD accounts lose money; every provider must publish its own percentage. BaFin supervision, negative balance protection and compensation schemes limit some risks from the broker, not from the market. This article is education for residents of Germany, not investment, legal or tax advice.
Next step: compare entities and their licences on Licensed Brokers, then take the Broker Quiz to narrow the list to your trading style. Check every result in the BaFin database before you deposit. Trading from Austria instead? Read our Austria broker guide.
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