In a recent post from the Nitetime.org, a platform that advises and supports night mayors, nightlife industry stakeholders and participants working toward more sustainable, resilient, and people-centered cities at night. Currently, nighttime.org focuses on supporting cities working to sustain local nighttime businesses, after-dark industries, workers, and cultural scenes in the face of the coronavirus/COVID-19 crisis.
The high finance court in Germany has just declared that techno is music and the DJ is a musician. Clubs now have to pay only 7% tax on their ticket sales, not 19%.
The tax cuts are determined by whether “average visitor” to the event is there for the music.
- Entrance fees for techno and house concerts are tax-reduced in accordance with Section 12 (2) No. 7 (a) UStG if these music performances represent the actual purpose of the event and the additional services are of such minor importance that they reflect the character of the music performance not affect.
- The performance of techno and house music by various DJs can give an event the character of a concert or a concert-like event even if the music performances take place regularly (weekly) (continuation of the BFH judgment of August 18, 2005 – VR 50/04 , BFHE 211, 557, BStBl II 2006, 101).
Then turntables, mixing consoles and CD players can also count as instruments, at least if they are “used to perform the piece of music and not just to play a sound carrier”. The judges decided that this was the case in both cases:
“The DJs not only play sound carriers from other sources, but also perform their own new pieces of music by using instruments in the broader sense to create sequences of sounds with their own character.”
In a roundabout way, the German Federal Finance Court states: Techno is music and the DJ is a musician.
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