Questão jurídica principal
Whether the housing cooperative qualified as a charitable organization exempt from transfer tax under StG § 90 lit. i and § 209 Abs. 1.
Decisão extraída
No. A cooperative selling and renting housing at cost price, with compensated management and possible share interest, does not act altruistically enough to be charitable.
Fundamentação extraída
The court held that charitable status requires selfless activity without adequate consideration and without personal or economic interests. The cooperative used paid services, marketed housing at cost/market rates, and did not show sacrifices in favor of third parties; the exclusion of speculation and pursuit of low-cost housing were insufficient.