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ARTICLE · 22 NOVEMBER 2022

E-Sport - Current Status Of Non-profit Eligibility

If this is the case, namely, this could result in several possible tax benefits.

GermanyMedia, Telecoms, IT, Entertainment

In the ever rapidly growing and equally rapidly changing marketplace and competitive arena of e-sports, what is clear(er) for traditional sports is still unclear for e-sports: do associations, foundations or corporations that promote e-sports pursue charitable purposes within the meaning of Sec. 52 (2) No. 21 of the German Fiscal Code (GFC) [Abgabenordnung, AO]?

If this is the case, namely, this could result in several possible tax benefits. These include, for example, corporate income tax exemption, a reduced VAT rate or even VAT exemption up to the privileged deductibility of donations. However, the definitional basis is lacking: besides an inadequate legal situation, there is also a lack of uniform case law. In addition, there is little discernible political will to act, despite corresponding declarations of intent in the last two coalition agreements.

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