I guess they want to tax them out of existence.
Bangalore
European Court of Human Rights to hear JWs tax case against France
by AndersonsInfo 25 Replies latest jw friends
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Scott77
I will be watching this outcome of this case with interest.
Scott77
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Bangalore
*** w99 8/1 p. 9 Witnesses Go to the Public in France ***
Kingdom Proclaimers Report
Witnesses Go to the Public in France
FROM the early hours of Friday, January 29, 1999, and continuing into the weekend, Jehovah's Witnesses in France enthusiastically distributed on the streets and later from house to house, 12 million copies of a tract entitled People of France, You Are Being Deceived! Why such a campaign?
At a press conference in Paris that Friday morning, the reason for the campaign was given. A Witness spokesman explained: "What we want to do today is make ourselves known for what we are and silence the defamatory statements spread about us. We are willing to accept criticism, but we will no longer listen to lies and comments that damage our reputation."
Although Jehovah's Witnesses are the third largest Christian religion in France, dozens of Witness children have been insulted and harassed in school. Adults have lost their jobs and have been threatened because of their religion. Unbelievably, even the religious contributions they have received have been assessed for a 60-percent tax. How did the campaign deal with this discrimination?
The tract declares: "The 250,000 Jehovah's Witnesses and their associates living in France PROTEST against the dishonest way in which their Christian religion, which has existed in France since 1900, has been lumped together with dangerous sects since 1995. . . . PROTEST against the constant harassment to which they have been subjected." The slanderous charges that have been leveled at the Witnesses in France and the devious ways in which detractors have sought to create negative publicity were exposed. The tract concludes by saying: "Today, more than two million Jehovah's Witnesses and their associates live in Europe. They respect the laws of the States of which they are citizens by upholding the values of the Gospel. People of France, these are the facts. It is our duty to present them as they truly are!"
Quick, Positive Response
Millions of tracts were given out on the first day. In Paris alone, by midday over 7,000 Witnesses had put more than 1.3 million tracts in the hands of people. Seeing so many Witnesses giving out tracts on the streets was certainly a first for the people. The media, including national and local newspapers and television, reacted favorably to the communication drive. The newspaper Le Progrès de Lyon noted: "This initiative . . . brings into the open a misunderstanding about a word. In the last ten years, the word ‘sect' . . . has taken on a perverse, dangerous, and harmful connotation. . . . Jehovah's Witnesses are not of a dangerous nature likely to destabilize society."
Those who know Jehovah's Witnesses appreciate their peaceful nature and their deep respect for the established social order. Thus, many on the streets expressed their appreciation and support for the tens of thousands of Witnesses who took part in the campaign. Telephone calls, faxes, and letters from people expressing their thanks for the tract were received almost immediately. Above all, sincere ones were given the chance to hear the facts about the Witnesses as opposed to fictitious and senseless remarks, and those whose beliefs had been maligned were able to demonstrate their feelings for what they hold dear.
Bangalore
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teel
French authorities say the donations were not raised from a religious source and so were subject to the same rules as other donations.
I am not entirely familiar with the subject, but does this mean the JWs are not registered as a religion in France? I can totally see them doing that, it wouldn't be the first time they play with words to deceive the local government, but what would be the purpose here? The only real reason they do that is usually the money.
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Doubting Bro
I may be wrong but I seem to remember the French categorized JWs as a "dangerous sect" and not a real religion and therefore not subject to the tax exemption.
But, I've also just read that the French government is saying that the donations were actually used to "purchase" literature and therefore subject to tax. In other words, the WTS is a publishing company that should be taxed as other publishing companies.
If that's the argument, I can see this sticking. The fact is that most of the donations are used for the purpose of literature production. Think about it, the number of WT and Awakes each month, KMs, books, bibles, ect. If they were to spin off the literature production operation into a for profit entity, I would guess they would need at least 75% or more of the total revenues to support it.
Without literature production, Bethel expenses would be really low. You would really only need a small office complex. DOs, COs and to some extent special pioneers are the only real clergy expenses. Of course, many Bethel heavies would also be included but still the number is pretty low. Plus, if you moved many of them to the for profit publishing company, there would be only a few left.
Interesting problem. If the WTS loses this case, it will have a profound impact on how they run their business going forward. The Swaggart case here in the US had a drastic impact on their cashflow. I can see this case having just as much of an impact. Couple that with the Spainish government making them pay into social security (which I'd bet the rest of the EU may look into) and the poor economy and you have a recipe for major operational overhaul.
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OUTLAW
French authorities say the donations were not raised from a religious source and so were subject to the same rules as other donations.
The WBT$ is making money outside of religion..
The WBT$ has started Illegal gambling operations in France..
WBT$ Chicken Racing..
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...OUTLAW -
undercover
I think us Americans tend to think of freedom of religion from the US Constitution standpoint. All religions are equal. One is not treated different than another. Unfortunately that allows a lot of charlatons to create "religions" and become rich without paying taxes.
Not all governments operate on the same level as the US when it comes to religion however.
Personally, I think people should be allowed to worship as they wish, so I don't like seeing bans on religion, such as has been discussed in Russia.
But, I have no problem with the French government not recognizing JWs as mainstream and investigating them which is leading them to taxing them. They're not stopping the relgion from existing, they're not banning them, they're not forcing people to give up the faith. They're just not going to allow the WTS to profit without taxation.
And in here in the US, I think all religions should be taxed as any other business. They can set up their charities and such as non-profits separate from the church for non-tax reasons but the church itself and the business of being a church should be taxed.
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Mary
The tract declares: "The 250,000 Jehovah's Witnesses and their associates living in France PROTEST against the dishonest way in which their Christian religion, which has existed in France since 1900, has been lumped together with dangerous sects since 1995.
Yes, and I'm sure all the other "dangerous sects" are probably protesting the exact same thing. Name me one single cult or dangerous sect that actually admits that they are a cult or 'dangerous sect'. No one will ever admit that they belong to a group like that, including Jehovah's Witnesses. Their biggest protest though is that they are being "lumped in" with other fringe groups. If they were the only ones being singled out, then they could always try and claim that they were being persecuted and that Satan de Debbil was behind it all. However, since there are other groups that are being viewed as the exact same, then they can't really use the old 'persecution' whine, as a valid explanation as to why this is happening.
The slanderous charges that have been leveled at the Witnesses in France and the devious ways in which detractors have sought to create negative publicity were exposed. The newspaper Le Progrès de Lyon noted: "This initiative . . . brings into the open a misunderstanding about a word. In the last ten years, the word ‘sect' . . . has taken on a perverse, dangerous, and harmful connotation. . . . Jehovah's Witnesses are not of a dangerous nature likely to destabilize society."
If they're talking about rioting in the streets, then yes, they're right. Jehovah's Witnesses are unlikely to do anything like that. However, 'destablizing society' is not generally one of the trade-mark signs of a cult. Cults are all about mind control within the group itself, and doling out severe punishment for anyone breaking their man-made rules. How many Witnesses have needlessly died over the last half a century because the Two Assholes: Freddie Franz and Nathan Knorr, put their heads together and decided to put blood transfusions that save human lives, on the same footing as the blood from an animal which had just been slaughtered.
Their policy on extreme shunning has also caused irreparible damage to hundreds of thousands (if not millions) of families. It's turned mother against daughter, husband against wife and grandchildren against grandparents. Basically, it's a form of mental and emotional torture and should not be allowed.
Those who know Jehovah's Witnesses appreciate their peaceful nature and their deep respect for the established social order.
And as per usual, the men in the Writing Department slyly ignore the real issues at hand that have brought the WTS in France to this point: their ridiculous stand on blood transfusions, their shunning policies, their refusal to show respect for their country by simply standing for the national athemn and a host of other man-made regulations that made the powers that be wake up and say "you're not a normal religion, you're a high control group and therefore you don't get the same tax breaks.' The French government did not make them into a cult---the WTS did it all by themselves.
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skeeter1
Here's the actual press release by the European Human Rights Court on its agreement to take this case
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issued by the Registrar of the Court no. 707 29.09.2010 The Court declares admissible an application by French Association of Jehovah’s Witnesses concerning alleged interference with its freedom of religion
In a decision delivered by a Chamber of seven judges in the case of Association Les Témoins de Jéhovah v. France (application no. 8916/05), the European Court of Human Rights has unanimously declared the application partly admissible.
Principal facts
The applicant, Association Les Témoins de Jéhovah (Association of Jehovah’s Witnesses), is a French association registered in 1947 with its headquarters in Boulogne-Billancourt (France). Its purpose is, in particular, “to contribute to the maintenance and the practice of the Jehovah’s Witnesses’ religion”. The Jehovah’s Witnesses claim to have more than 17 million adherents throughout the world, including more than 250,000 in France. They describe themselves as a Christian religion, basing their beliefs entirely on the Bible. The movement is funded by “offerings”. In a 1995 parliamentary report entitled “Sects in France”, the Jehovah’s Witnesses were classified as a sect.
The applicant association alleges that a number of steps were taken to marginalise it in the light of the report. In particular, it was the subject of a tax audit. On the basis of the information gathered during the audit, the association was issued with a formal notice to declare the donations it had received from 1993 to 1996. It refused to do so and asked to be granted the tax exemption applicable for donations and bequests made to liturgical associations, unions of liturgical associations and authorised congregations (Article 795, point (10), of the General Tax Code). Since the applicant association failed to produce the declaration requested by the tax authorities, an automatic taxation procedure was instituted on the basis of the information gathered by the authorities during the audit. In May 1998 a supplementary tax demand for the equivalent of approximately 45 million euros (EUR) was served on it (approximately EUR 23 million as the principal sum and EUR 22 million in penalties and interest for late payment). The association noted that the tax demand affected the “offerings” of more than 250,000 people over a period of four years (an average of EUR 4 per person per month between 1993 and 1996).
In January 1999 the applicant association filed an official objection with the tax authorities. The objection was dismissed in September 1999, on the ground that to qualify for the tax exemption sought, the association had to be recognised by the appropriate authorities (Ministry of the Interior or prefecture) as a religious movement or as having an exclusively liturgical purpose, which was not the case. The applicant association brought proceedings in the Nanterre tribunal de grande instance against the tax-office director who had dismissed its objection. On 4 July 2000 the court found against the association, holding in particular that it had no grounds for claiming that it was eligible for the exemptions sought. On 28 February 2002 the Versailles Court of Appeal upheld that judgment. On 5 October 2004 the Court of Cassation dismissed an appeal on points of law by the applicant association. According to the latest information submitted by the French Government, the sum claimed from the Association Les Témoins de Jéhovah amounted to more than EUR 57.5 million.
Complaints, procedure and composition of the Court
Association Les Témoins de Jéhovah submitted that the tax proceedings against it infringed its freedom of religion and amounted to discrimination against it. It relied on Article 9 (freedom of religion), taken alone and in conjunction with Article 14 (prohibition of discrimination) of the Convention.
The application was lodged with the European Court of Human Rights on 24 February 2005 and was declared partly inadmissible on 17 June 2008. The European Association of Jehovah’s Christian Witnesses was granted leave to submit observations.
The decision was given on 21 September 2010 by a Chamber of seven judges, composed as follows:
Peer Lorenzen (Denmark), President,
Jean-Paul Costa (France),
Karel Jungwiert (Czech Republic),
Mark Villiger (Liechtenstein),
Isabelle Berro-Lefèvre (Monaco),
Mirjana Lazarova Trajkovska (“the former Yugoslav Republic of Macedonia”),
Ganna Yudkivska (Ukraine), Judges,
and also Claudia Westerdiek, Section Registrar.
Decision of the Court
Alleged religious discrimination
The applicant association had not argued in the Court of Cassation that it had suffered discrimination of this kind. It had therefore not exhausted the domestic remedies available to it in respect of this complaint. In accordance with Article 35 (admissibility criteria), the Court thus declared the complaint inadmissible, as the French Government had requested it to do.
Alleged infringement of the right to freedom of religion
The applicant association had unsuccessfully complained of a violation of this nature throughout the domestic proceedings. It submitted that by levying the tax in question, on the basis of an unforeseeable interpretation of the relevant provisions of tax law, the French State had interfered with the act of worship itself. In the association’s view, the State had in fact been seeking to suppress its activities, but for no legitimate reason, since the association had not breached public order. The applicant association further argued, among other things, that the measure was disproportionate, that it infringed the right of associations to function peacefully, free from arbitrary State intervention, and that it was likely to undermine the autonomy of religious communities.
The Government contended that the offerings affected by the tax were not an integral part of worship or sacred items. Although the measure in question had not previously been applied at national level, it was nevertheless prescribed by law. Gifts from hand to hand were subject to tax under the same conditions as other donations, at identical rates to those applied to inheritances. Furthermore, the size of the amounts being claimed would not jeopardise the existence of the Jehovah’s Witnesses, since the proceedings related solely to their French national association and not to regional or international associations, which would continue to operate in any event.
The European Association of Jehovah’s Christian Witnesses emphasised the impact which the present case could have in other European countries.
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The Court considered, in the light of the parties’ submissions, that the complaint concerning the alleged infringement of the right to freedom of religion raised complex issues of fact and law which could not be resolved at this stage in the examination of the application, but required examination on the merits. Since the complaint could accordingly not be declared manifestly ill-founded, the Court declared it admissible. It is not yet known when the Court will deliver its judgment on the merits.
The decision is available only in French.
This press release is a document produced by the Registry. It does not bind the Court. Decisions, judgments and further information about the Court can be found on its Internet site. To receive the Court’s press releases, please subscribe to the Court’s RSS feeds.
Press contacts
[email protected] | tel: +33 3 90 21 42 08
Frédéric Dolt (tel: + 33 3 90 21 53 39)
Emma Hellyer (tel: + 33 3 90 21 42 15)
Tracey Turner-Tretz (tel: + 33 3 88 41 35 30)
Kristina Pencheva-Malinowski (tel: + 33 3 88 41 35 70)
Céline Menu-Lange (tel: + 33 3 90 21 58 77)
Nina Salomon (tel: + 33 3 90 21 49 79)
The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.
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cognac
bookmarked.
