UPDATE 12

Dear Apeldör family,

These have been exciting weeks! The duties of the gGmbH insolvency proceedings have been completed and the GOLF RESORT GUT APELDÖR gAG has been founded. The new company will take over the continuation of all our golf club's activities from July.

The information chain began on May 28 with the news of the necessary change in legal form. Last week, we sent you a detailed description of the development leading up to the insolvency with no alternative. We offered two information evenings and informed the local press in order to refute false allegations. On July 1, a comprehensive report appeared in the DLZ. We would like to take this opportunity to thank the editor Reinhard Geschke for the fair and clearly written article.

We have experienced an incredible amount of understanding and support from you during this time, for which we would like to express our sincere thanks!

We would like to review the events of recent weeks with a few FAQs and explain the current situation below:

Which company is it exactly?

The Golf Club Gut Apeldör gGmbH is or was the operating company for all operational activities in the areas of golf + gastronomy + hotel. These tasks will be taken over by the newly founded Golf Resort Gut Apeldör gAG from July. Among other things, the operating company leases the golf course and estate and operates the hotel.

The company that owns the land and almost all of the buildings and machinery (Gut Apeldör KG) is the lessor and is not affected by the tax disputes.

What is the reason for the additional tax claim at the operating company?

Due to a decree issued by the Ministry of Finance in Schleswig-Holstein in July 2024, our gGmbH was stripped of its tax benefits as members of our golf club had no voting rights in the gGmbH company, but "only" the right to play. This meant 19% instead of 7% VAT and was the reason for the tax office to demand back payment retroactively until 2018 (!).

Why 7% sales tax instead of 19%?

Sport is subsidized in Germany and is subject to reduced VAT if the non-profit status is confirmed by means of a certificate of non-objection. Golf Club Gut Apeldör has had this non-profit status from day one since 1996, which justifies the reduced tax rate of 7%, at least until the instruction of the Ministry of Finance in July 2024.

Does the reduced tax rate also apply to restaurants and hotels?

Only sales in the area of golf were tax-privileged, as these belong to the special-purpose sports business. The tax rate of 7% applies here. All sales in the catering and hotel sectors are part of a "commercial business", which were and are taxed at 19%.

Could another tax advisor have prevented the insolvency?

The decree of the Ministry of Finance was not foreseeable for any tax consultant. No tax advisor could have prevented the retroactive application of the local tax office. This was a unilateral decision by a single tax office in Schleswig-Holstein.

Why an insolvency?

Our non-profit company has no significant assets because it is a non-profit organization. As soon as an impending claim exceeds the share capital (our GmbH had € 25,000) and existing assets, the managing director must file for insolvency in order to avoid criminal liability.

What impact will the insolvency have on employees?

All employees have been taken on by Golf Resort Gut Apeldör gAG. No employee has resigned.

What impact will the insolvency have on members?

All existing obligations towards all members have been assumed by Golf Resort Gut Apeldör gAG. Each member is automatically a shareholder with a registered share worth € 25, which is already paid as part of the annual membership fee. The share becomes worthless when the membership is terminated. All members are entitled to vote and are invited to the shareholders' meeting once a year.

What impact will the insolvency have on hotel guests?

NONE - The invoices for all services (golf - gastronomy - hotel) will be issued by Golf Resort Gut Apeldör gAG from July 2025. Existing reservations will be reliably maintained.

What impact will the insolvency have on our business partners?

NONE - The existing connections to our suppliers and our house bank remain in place.

What happens to scheduled events in the future?

All concluded event contracts are valid. No dates will change.

Is the lease changing?

The owning company (owner Dieter Worms + VR Bank Westküste) remains the lessor to the new operating company Golf Resort Gut Apeldör gAG

What can I do as a member and visitor to Gut Apeldör?

In this very special time for us, you can obtain first-hand information from the information provided and thus counter rumors or scattered claims. We want to counter false statements with transparent information. You can support us in this. Thank you very much!

Who to contact in case of queries

Manfred Rathsack is the chairman of the new Golf Resort Gut Apeldör.(rathsack@apeldoer.de). Manfred is still president of the golf club