Is online gambling legal in Germany?

[kelvinlym]

Hi, just wanted to make sure, is online gambling legal in Germany?

What about the tax issues? Are winnings taxed? I'm a student and would like to gamble a bit for fun.

Thanks

[Casinomeister]

Online gambling is not legal nor is it illegal for residents in Germany. As for illegal, there are no laws against it. As for "legal" what is meant by legal is that there are no laws to protect you if you run into a problem with an online casino. There are only laws against running a casino in Deutschland (verboten), and advertising.

Lucky you though, winnings are tax reportable, but not taxed

[kelvinlym]

Thanks for the prompt reply

[schankwart]

Hehe... I would not have known an answer on this question myself.

[Casinomeister]

Actually, here is the English version of the German Federal Criminal Code:
http://www.iuscomp.org/gla/statutes/StGB.htm#284

It's articles 284, 285, and 287 that concerns gaming.

It talks about it being illegal to participate in "unlicensed" games. There are a handful of online casinos licensed in the DDR (!?). The DDR licenses never expire (Triple-A Casino, etc.). Right now "license" refers to a German license.

As for the Internet, the courts have not been able to determine where the actual games take place. Is the gaming transaction made in the player's computer at home? Or does it take place on the server (wherever that may be)?

With the EU offering gaming licenses, things are changing here. But there will be some big court battles in the future by the German Lottery and B&M casinos that want to retain their monopoly - but I doubt they will be able to apply this to the Internet community.

[peralis]

licensed in the DDR (!?).

The DDR is former East Germany for those that don't know. These were B&M casino licenses - but there is no limitation to using them for the internet. A few casinos were lucky that they had these licences, so can operate legally in Germany.

[Casinomeister]

The DDR is former East Germany for those that don't know. These were B&M casino licenses - but there is no limitation to using them for the internet. A few casinos were lucky that they had these licences, so can operate legally in Germany.

The amazing thing (that I was implying with the "!" and "?") is that this country doesn't exist anymore - but the new and improved Germany allows them (the licenses) to exist. They are able to purchase advertising on mainstream media (TV, newspapers, etc.) and are publicly traded in Austria.

Advertising in Germany is another story as Peralis and I know

[dominique]

The amazing thing (that I was implying with the "!" and "?") is that this country doesn't exist anymore - but the new and improved Germany allows them (the licenses) to exist. They are able to purchase advertising on mainstream media (TV, newspapers, etc.) and are publicly traded in Austria.

Advertising in Germany is another story as Peralis and I know

Why am I not surprised?

Too funny!