Can I, as a Auslandsstudent, play with a band at concerts as a hobby (without being paid for it)?

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if you are not being paid for it, I would imagine you can do it.   Generally Schwarzarbeit involves being paid.   Keep in mind payment might not be money, it could also be free food or transport, etc. 

 

disclaimer: I am not an expert in this area. 

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Thanks. Do you think that the burden of proof would fall on me? I mean, besides the Kontoauszug, would I have to prove that I didn't receive any kind of payment at all?

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my experience with the German criminal justice system is that even though the system is built around a presumption of innocence and the government being required to prove guilt, an Amtsgericht will pretty much rubber stamp whatever a Staatsanwalt wants even if s/he doesn't have what an objective observer might consider supporting evidence.  I suspect that goes triple for anything involving taxes or work authorization. 

 

and how would a Kontoauszug prove you didn't get paid?  How could anyone know how many accounts you or the payor has?  Or that you weren't paid in cash? 

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You should get a Haftpflichtversicherung (private liability insurance), in case you fall off the stage and hurt someone. 

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Will the band get paid? Then it would be hard to argue that you didn't receive any money for it, I think. 

 

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On 27/07/2021 13:57:24, DoubleDTown said:

my experience with the German criminal justice system is that even though the system is built around a presumption of innocence and the government being required to prove guilt, an Amtsgericht will pretty much rubber stamp whatever a Staatsanwalt wants even if s/he doesn't have what an objective observer might consider supporting evidence.  I suspect that goes triple for anything involving taxes or work authorization. 

 

and how would a Kontoauszug prove you didn't get paid?  How could anyone know how many accounts you or the payor has?  Or that you weren't paid in cash? 

So in practice I couldn't play in a band as a hobby?

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"in practice" if the band gets paid, you might always have to worry in the back of your head about being caught as a Schwarzarbeiter even if you aren't getting a cut of the pay.  But would really be caught?  You probably crossed against a red light too.  Gotta decide what level of risk you can accept in your life.

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Does your university have an office for international students? They could probably help you or at least point you in the right direction. 

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I played in a band in Holland sort of, when I was a student there. Didn't get paid. Nobody came after me, and Holland is quite strict, probably moreso than Germany. Of course, Holland is NOT Germany, but just thought I'd share.

 

In your case, if it's a hobby band, I highly doubt they would come after you unless you played in a seedy club that gets raided by the police while you're performing, and a money laundering probe requires everyone who came in contact with the club to be investigated.

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