Wegweiser Associations & NGOs · Law and taxes for volunteers and non-profit organisers Deutsch

🧭 Overview: association and NGO law

Association law (BGB) and non-profit law (Abgabenordnung) are two separate sets of rules. This page shows what is regulated where and what is new in 2026.

In brief

An association needs two things that are easily confused. Association law in the Bürgerliches Gesetzbuch (Civil Code, BGB) governs founding, the board and the general meeting. Non-profit law in the Abgabenordnung (Fiscal Code, AO) governs whether you save taxes and may issue donation receipts.

A registered association (e.V.) is not automatically non-profit. Conversely, the non-profit rules also apply to gGmbHs and foundations.

On 1 January 2026 the Steueränderungsgesetz 2025 raised several thresholds, for example the trainer's allowance (Übungsleiterpauschale) to €3,300 and the volunteer allowance (Ehrenamtspauschale) to €960. The other pages explain the individual topics.

Step by step

  1. Clarify the legal formAssociation, gGmbH, foundation or loose initiative: each form has its own rules on founding, liability and registration.
  2. Separate the two levelsCivil law (BGB, register of associations) and tax law (AO, tax office) are separate procedures with separate authorities.
  3. Check the current thresholdsMany amounts rose on 1 January 2026. Old guides often still give the earlier values.
  4. Get advice for individual questionsFor articles of association, non-profit status or liability, tax advisers, legal advisers and the bodies on the advice page can help.

Deadlines

1 January 2026
Entry into force of the non-profit law changes of the Steueränderungsgesetz 2025.Steueränderungsgesetz 2025, BGBl. 2025 I, promulgated on 23 December 2025
€50,000
New threshold for taxable commercial activities (income including VAT).§ 64 Abs. 3 AO
Watch out – common mistakes
  • An e.V. is not automatically non-profit; recognition is granted by the tax office, not the register of associations.
  • Many online guides and templates date from before 2026 and give outdated amounts (for example €3,000 and €840).
  • The rules for foundations and gGmbHs differ from association law in founding and supervision. This platform focuses on the association.
  • State law (for example foundation supervision, funding guidelines) is not set out in detail here.
In depth · legal basis, figures and practice – for advisers and professionals

Sets of rules

Association law is found in §§ 21 ff. BGB. Statutory provisions on tax privileges are found in §§ 51 to 68 AO. Both are relevant to every association but apply independently of each other.

Changes as of 1 January 2026

After the Bundesrat approved it on 19 December 2025, the Steueränderungsgesetz 2025 was promulgated in the Bundesgesetzblatt (Part I) on 23 December 2025 and entered into force on 1 January 2026 (sources: Bundestag, recht.bund.de; law firm information). Relevant for non-profit organisations: threshold § 64 Abs. 3 AO €50,000 (previously €45,000), exemption from the requirement to use funds promptly up to €100,000 annual income (§ 55 Abs. 1 Nr. 5 AO), trainer's allowance €3,300 and volunteer allowance €960 (§ 3 Nr. 26, 26a EStG), liability privilege €3,300 (§§ 31a, 31b BGB). E-sports is expressly named as sport in the text of the law (§ 52 AO).

Reforms that are not applicable law

Further changes requested by associations (for example on political activity) are not documented as enacted law in the sources checked. This platform does not present them as applicable.

Who is responsible
  • Registration court at the Amtsgericht (local court) (register of associations)
  • Competent tax office (non-profit status, taxes)
  • State foundation supervisory authority (for foundations)

Quick questions

Worum geht es bei „Overview: association and NGO law“?
Association law (BGB) and non-profit law (Abgabenordnung) are two separate sets of rules. This page shows what is regulated where and what is new in 2026.
Which deadlines and figures matter?
  • 1 January 2026: Entry into force of the non-profit law changes of the Steueränderungsgesetz 2025. (Steueränderungsgesetz 2025, BGBl. 2025 I, promulgated on 23 December 2025)
  • €50,000: New threshold for taxable commercial activities (income including VAT). (§ 64 Abs. 3 AO)
What should I do first?
  • Clarify the legal form: Association, gGmbH, foundation or loose initiative: each form has its own rules on founding, liability and registration.
  • Separate the two levels: Civil law (BGB, register of associations) and tax law (AO, tax office) are separate procedures with separate authorities.
  • Check the current thresholds: Many amounts rose on 1 January 2026. Old guides often still give the earlier values.
What do I need to watch out for?
  • An e.V. is not automatically non-profit; recognition is granted by the tax office, not the register of associations.
  • Many online guides and templates date from before 2026 and give outdated amounts (for example €3,000 and €840).
  • The rules for foundations and gGmbHs differ from association law in founding and supervision. This platform focuses on the association.
Evidence
  • Bundestag, "Bundestag verabschiedet das Steueränderungsgesetz 2025", bundestag.de, retrieved 20 September 2026
  • Bundesgesetzblatt Part I 2025, recht.bund.de (verified via search result), retrieved 20 September 2026
  • AO §§ 55, 64, gesetze-im-internet.de, retrieved 20 September 2026
  • Flick Gocke Schaumburg, "Steueränderungsgesetz 2025 – gemeinnützigkeitsrechtliche Neuerungen", fgs.de, retrieved 20 September 2026
As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.