I think mining is technically illegal in Europe as it's illegal to print money/ generate currency. But I'm not sure if there are specific laws or they can apply or warp existing laws to target mining.
In most of the EU countries the crypto / mining thing has a grey statute.That meaning that there is no law to support it or to condemn it.
What he said, furthermore, once 1 country officially allows it or has a ruling, you can sue your government for interfering with your right to a free market.
Germany had a ruling that for every transaction done with BTC you need to add 19% VAT on top. So let's say you sold 100€ of BTC to a business they paid 119€ and got 19€ back in taxes from the state. If you sold to a private person you sold BTC worth 100€ and had to pay 19€ to the state or your customer had to pay 119 for 100 real value...
The EUGH changed that after someone in Sweden I believe sued the government, now it is the law in all european countries that you cant add VAT on top of Bitcoin sales
Its also in The Netherlands. It will be taxt as private goods (box 3 = like 1,2% a year) and not taxable by transfering it to a other person or company.
I also informed by the tax institution how home mining must be taxt. They said it must be taxt as income (box 1 = about 40% a year). I disagreed with then because its pure speculation (look at the risk investment of the D3) for me, just like stock exchanges that are also hold in box 3. I informed an accountant he said home mining is indeed the low tax rate. It is a little bit grey area, because there is no case law spoken by a judge. So if the D3 gives me profit i will let it taxs on the low rate. I also have legal insurrance cover within the Netherlands, so i am save and nothing illegal.
Sortly said the define cloudmining in the low rate taxs and home mining (advice by goverment legal tax employee, not statet by law) in the high rate income tax, because you did put some effort in it (pff, yea right.. log in to the miner and config pool and wallet by the pool)
I'm not an expert on Dutch tax law, but since I also have a business in the netherlands I can say your tax accountant is right and wrong at the same time.
First of all it's not speculation. It would be if you bought the miner and sold it right away or within the given timeframe (germany 12 months) in that case the profit arising from the sale would be speculative.
Mining, on the other hand, is not speculation. you are running a business since you bought it with the intention to make money and with the fact that these miners are still making money despite the rising diff you will have a hard time arguing.
The problem will be, if you do it privately as a home miner or if the belastingdienst will argue it is a business with the intention of making moeny. (Long lasting, repeating and operating in a surplus)
Since that is not clear (same in poland,germany and switzerland) you might have good chances to dodge a bullet (unless you got like 50+ miners)