Revenue Court:
Muenster, Germany
by Klaus Brandt
Muenster. The so-called "Scientology Church is not a
religious denomination and, in regards to taxes, may be
treated like a commercial enterprise.
Income from seminar fees, sale of printed material and of
the "electrometer," a type of lie detectors, are subject to
sales tax. This legal opinion of the revenue court in
Muenster can now be applied in practice in a real case.
A Scientology group from Westfalen-Lippe, to the surprise
of the revenue court, recently withdrew from renewed legal
proceedings against a tax sales decision. As a result, the tax
decision, initiated by the revenue agency, becomes legally
effective.
Scientology has been vehemently protesting its classification
as a commercial enterprise for years. In the first trial before
the revenue court in Muenster, the organization -
categorized as a dangerous psycho-sect by its critics -
argued that the decision was a violation of constitutional
basic law of self-administration of churches. Scientology
demands the charitable status like recognized religious
denominations have.
In a decision of May 25, 1994, the Revenue Court
dismissed the suit (Az.: 15 K 5247/87). Scientology was
said not to be a religion, but was "regularly and deliberately
commercially engaged" as a business, said the basis of the
decision. Scientology filed an appeal in the Federal
Revenue Court on account of a mistake made on a form to
the revenue court in Muenster. Yesterday, the obligation to
pay sales tax to was be heard again in court. One day
before the court date, Scientology withdrew its suit.
According to an announcement by a court spokesman, the
tax decision has become legally enforceable as a result. The
Revenue Agency will now react to the result of the
proceedings and treat the Scientology as a commercial
enterprise with regards to tax. That means the Scientology
organization is legally obligated to submit tax statements, to
reveal their income and to keep official accounts books.
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Unofficial translations of German media, For non-commercial use only
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Scientology is purely a commercial operation
June 6, 2000
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