To rado: When the Watchtower fight against France

by chasson 14 Replies latest watchtower scandals

  • chasson
    chasson

    This discussion is poorly translated in english. I have lost the different color of text too.

    If someone could help me to translate better this article, see the original text in

    http://www.chez.com/tjrecherches/MILStract.html

    To sum-up, this a line by line's commentary on the November 2000's pamphlet that JW has distributed in France.

    You could see in it, that JW has misinformed about the french's About-Picard's law, that they have forgotten several times to payed several taxes in France.

    If Rado or Kent want to add it to their site, please correct my english before, perhaps Celia or Outnfree could help you on this ground.

    About-Picard’s law: Jehovah's Witnesses, one deceives you.

    On the occasion of the last report of the Interministerial Mission of Fight against Sects ( MILS), in February, 2002, I decided to update the article which I had dedicated to the tract of November, 2000 from the Jehovah's Witnesses, I supressed errors of this article from what a Jehovah's Witness told me on the net
    In November, 2000, The Jehovah's Witnesses in a tract distributed everywhere in France, title " What take place in France ? Could liberties decline ? " have again make their voices understand. They had already diffused a previous pamphlet, " Frenchman one deceives you ", one year ago of it.
    What hide these violent shooting ? We shall study a part of it pamphlet to make an idea.
    The Jehovah's Witnesses according to the pamphlet want to make known certain information, let us quote the pamphlet :
    " The council of State, by two rulings of June 23, 2000, recognized the Christian worship of the Jehovah's Witnesses "

    Unfortunately the article 2 of the law of 1905 on the separation between Churches and the State declares : " The Republic does not recognize, not payed or does not subsidize any worship … " It is so impossible that an institution of the State recognizes some religion, including the majority Churches, at the most the State can recognize to an association the right of some fiscal advantages as long as this one " does not disturb law and order ".

    " From January 13, 1993, the council of State had recognized that the Jehovah's Witnesses well exercised a worship. The government Commissioner underlined that these Christians are engaged in religious activities and declared : " There are there, doubtless, all the elements which usually characterize a worship. " "
    The Government Commissioner is not the supreme judge of the State’s Council, the judges of the State’s Council could have a different opinion than him, as they showed it in 1985 when they refused to recognize that the association of the French’s Jehovah's Witnesses can take advantage of generosities of the law of 1905 while the the Government Commissioner were in their favour.
    On the other hand the State’s Council ruled in 1993 and in June 2000 only on 4 LOCAL congregations which at THEIR LEVEL did not present trouble to the public order, plainly there were no legal oppositions at the level of THESE congregations on the Blood issue, or on the problem of a parallel’s justice to the replubican’s justice as it could be the case in other jehovah witnesses congregations. It is very possible that the Jehovah's Witnesses guard themselves indeed of demanding a tax exemption for all the congregations where this kind of problem could take place. (To see http: // www.multimania.com / palain / pdophili.htm) because it could be refuse to them in this case.
    Still today the national association is not recognized as a worship.

    Under the intertitle " reasons to be worried "
    The pamphlet adds :
    " However, in 2000, the cult of the Jehovah's Witnesses continues to be the object of discriminatory measures:
    1 / a fiscal repression: The services of the french’s IRS decided to impose on the Jehovah's Witnesses a confiscatory levy at the level of 60 % of their religious offerings. Now, it is not case for the other confessions. "
    Here is the version of the report number 1687 of the National Assembly (p. 195) :
    " The control of the Association of The Jehovah's Witnesses revealed the existence of a recipe of 250.579.860 francs received under the shape of donations between January 1-st, 1993 and August 31, 1996. According to the general code of taxes, these donations were subjected to the rights of donation calculated at rate applicable to transfers for free among persons not relatives, is 60 %. A reminder of 150 , 3 million francs is resulted from it. The association not having paid these rights in the delays, added to it the interests of delay, is 26,8 million francs, calculated in application of the article 1727 at the rate of 0,75 % by month. Besides, the same association did not give evidence, for a delay of 30 days following a second formal demand, a statement containing the indication of elements to be held for the plate or the liquidation of these rights. As a consequence the rise of 80 % (that is in the sort 120,3 million francs) foreseen in the article 1728.3 of the same code was applied. The total of rights and fines emitted against the Association of The Jehovah's Witnesses so reached 297,4 million francs, sum put in covering on January 18, 1999. "
    The decision is lawfull. The association " the Jehovah's Witnesses " is a typical 1901’s association which could not claim to be a typical 1905’s association because it took charge of the printing of books which is not considered by the law as a " religious activity ".
    Therefore law applied. It is true that certain religious associations work also under the law of 1901 but had no receivership on the back, what he makes that they are not worried, nevertheless it is a question rather of denouncing laxness or lacks of means of tax authorities rather than of denying law. The Jehovah's Witnesses who claim themselves the champions of the honesty pretend here not to understand that their recovery is legal and prefer to settle them in victim. Jehovah's Witnesses would not like to settle tax because the others are dishonest. You have to notice as well, as the Jehovah's Witnesses, did not answer a demand of statement in spite of a second formal demand,it was worth them supplementary 123 millions and what the fines of delay in spite of delay left by the administration are 23 million francs. The Jehovah's Witnesses’s learders are responsible for more an half of the sum which they owe to tax authorities!!!
    " A tax, with heavy fines, is so required in a retroactive way for 1993's in 1996. The whole chargeable to the believers, who live, for the big majority, with modest means. "
    We have just seen that " heavy fines " are the consequences of the bad humor of the leaders, but there, we learn that this will be the believers who will mop the stubbornness of their leaders. It is moreover already begun in their churches : An appeal was launched in all the congregations of France to refloat the boxes of the national associations while the leaders do not still have to pay the recovery and while the costs of printing of hundred thousand french’s "Watchtower " and " Kingdow Ministries" are supported now by the English associations. One can wonder if the JW’s leaders would not exploit the vein to pull a little more money of their believers ?
    " 2 / disturbing law’s project: "
    " In November, 1999, an amendment was examined by the National Assembly aiming to make legal the levy of religious offerings. It was finally removed, but what will it be it tomorrow ? "
    This law’s project was on " religious offerings ", so all the religions were concerned including majority religions, moreover this proposition was not accepted. But for which reasons the leaders of Jehovah's Witnesses complain about a cancelled law’s project?
    " In June, 2000, a legal arsenal aiming, among others, the worship of Jehovah’s witnesses was adopted. It foresees notably the modification of the texts of law to forbid the construction of buildings of worship, without speaking about the creation of new offences which put true problems for their qualification. "
    I have not read the same newspaper (Humanity) as the leaders of Jehovah's Witnesses (article quoted in reference in the pamphlet of the Jehovah's Witnesses)
    .
    In http://www.humanite.presse.fr/journal/2000/2000-06/2000-06-22/2000-06-22-038.html, we could read
    " prevention
    debate remains opened about the perimeter, fixed around the school and hospital’s establishments, where will be forbidden the installation of these sects. What will not mean, moreover, that a mayor can refuse them a licence to build. The text punishes, also, distribution, by these same groups, of messages bound for the youth "
    One sees that a mayor can not refuse a licence to build, but from the text of the Humanity one can believe that a movement qualified as "sect" can not settle down wherever, now this limitation is conditioned in the text of law of the National Assembly, the real text which was surely read by the authors of the pamphlet:
    In http: // www.assemblee-nationale.fr/2/pdf/ta0546 .htm

    Chapitre IV
    Capacities limiting installation
    or the advertisement of the sectarian groupings
    [Division and title new]
    (new) Article 6
    In a perimeter situated in 200 metres of a hospital, an orphanage, an old people's home, an establishment public or deprived of prevention, cure or care containing hospitalization, of an advice center of prevention raising local services of social hygiene, a community and medical social centre or a maternal, primary or secondary educational establishment, the mayor and, in Paris, the prefect of police can forbid the installation of a moral person, whatever is the legal shape of it or the object, who pursues activities aiming or for effect to create or to exploit psychological or physical dependence of the persons which participate in these activities, when was pronounced repeatedly, against the moral person herself or her leaders of right or actually, definitive penal condemnations for one or other one of malpractices mentioned below :
    1 ° Malpractices of voluntary or involuntary infringements on the life or on the physical or psychic integrity of the person, the stake in danger of the person, the infringement on the liberties of the person, the infringement on the dignity of the person, the infringement on the personality, the stake in danger of the minors or the infringements on the possessions foreseen with articles 221-1 - 221-6 in 222-40 , 223-1 in 223-15 , 224-1 in 224-4 , 225-5 in 225-15 , 225-16-4 in 225-16-6 , 225-17 and 225-18, 226-1 in 226-23 , 227-1 in 227-27 , 311-1 in 311-13 , 312-1 in 312-12 , 313-1 in 313-4 , 314-1 in 314-3 and 324-1 in 324-6 of the penal code;
    2 ° Malpractices of illegal exercise of the medicine or the pharmacy foreseen with articles L. 376 and L. 517 of the code of the health service;
    3 ° Malpractices of misleading advertising, frauds or forgeries foreseen with articles L. 121-6 and L. 213-1 in L. 213-4 of the code of the consumption.
    The disregard of a suspension pronounced in application of the capacities of the present article is punished for two years of detention and for 200000 F of fine.
    The moral persons can be declared penally responsible, in conditions foreseen by the article 121-2 of the penal code, this malpractice. Punishment incurred by the moral persons is fine, following modalities foreseen by the article 131-38 of the penal code. "

    In summary , even the fixation of a perimeter is connected to the fact that the "moral person" (the cult) were several times condemned according to the list of offences quoted in the law. Would The leaders of Jehovah's Witnesses already know that they are reprehensible for offences " of infringements on the life and the physical integrity of others " , " malpractice of illegal exercise of the medicine " , " malpractice of misleading advertising, frauds or forgeries " ?
    It is the feeling that gives the reading of their plea !
    And the pamphlet to end :
    " It goes without saying that such measures can only generate intolerance and division among the Frenchmen, who are known for their affection about the freedom. "
    While the Jehovah’s witness does not carry " infringement on the life and on the integrity of others ", that they not " practices illegally medicine ", that they does not "cheat" , nor "falsifies" , there are no problems This pamphlet is regrettably a good example of forgery of what says the law of June 22, 2000! !!

    In February, 2002, the MILS has just added an element, on the attitude of the leaders of Jehovah's Witnesses in touch with this law:
    One can find the report of the MILS, here: http: // lesrapports.ladocfrancaise.gouv.fr/BRP/ 024000086 / 0000.pdf
    Here is what is said:
    " The Christian’s Union of the Jehovah's Witnesses tried to put legal obstacle to the About-Picard’s law by presenting a request to the European Court of Human Rights. Vainly. Indeed, on November 6, 2001, the European Court declared this request unacceptable. Among called motives, it is not useless to raise the following argumentation:
    " this law foresees the dissolution of sectarian movements, but this measure can be pronounced only with judicial way and when certain conditions are gathered, notably when sects or their leaders were the object of definitive penal condemnations for enumerated malpratices and which (the Christian’s Union of the Jehovah's Witnesses) should not normally dread. A lawsuit of intention made for the legislator, worried to settle a problem burning in society, is not the demonstration of probability of a risk incurred by the applicant. Besides, this one would know without contradiction to take advantage of the fact it does not establish a movement dangerous for liberties and in the same time claim that it would be, at least potentially, a victim of the application which will be able to be made by this law.
    It follows that the applicant would not know how to claim himself victim in the sense of the article 34 of the Agreement and the set of the request must be declared unacceptable, in application of the article 35 §§ 1,3 and 4 of the Agreement ."

    So much energy spent by the Watchtower’s society to thwart a law which punishes only those that were already comdemned leash without voice.
    " respectable people
    The Jehovah's Witnesses worship God and will continue to make it. By their offerings, they will support construction and maintenance of buildings of their Worship. On a financial plan, the audit’s report of the associations of the Jehovah's Witnesses, realized by the independent Grant Thornton cabinet and public depiction in February, 2000, concluded on a non profit-making and not speculative functioning of their activities. "
    There is no personal enrichment in the Jehovah's Witnesses, everything is sacrificed to the idol that is their organization which will take power during the New System for which waiting the Jehovah's Witnesses, fanaticism is not necessarily connected to personal enrichment and to stock-exchange surplus (I had written it one year before the events of World Trade Center!!! L). But when the Jehovah's Witnesses said to their followers that they have no money, the parliamentary’s committee reveals what follows about the french Jehovah’s witnesses association(P. 194) :
    " c) The absence of statement of income of the patrimony
    The sectarian associations are often holders, one saw it, of financial values which get them incomes. In application of the article 206-5 of the general code of taxes, associations not subjected to the company tax " are subjected tax in reason (…) incomes of movable assets " which they have. Independently of the lucrative character of their activities, all the associations are so taxable in conformance with their financial products.
    In spite of the importance of incomes pulled with the financial assets, the Association of Jehovah's Witnesses did not conform, before sound controls, at this disposal. It consequently underwent a reminder of tax of 7,3 million francs for products perceived between September, 1992 and August, 1996. "

    It would be interesting to know how much capital was able to generate in 4 years, 7,3 million tax adjustment ? As accidentally moreover, the leaders of Jehovah's Witnesses had forgotten to declare this kind of incomes .
    In the same vein (P. 155) :
    " . Financial immobilizations and transferable securities of investment possessed by the national authorities of the Jehovah's Witnesses reached, on August 31, 1998, 62,9 million francs. The local associations of the same cult would have also proceeded to financial investments which, according to information passed on to the Committee, would have represented about 500 million francs deposited on the network of a single bank. This information does not correspond to the estimations of the national responsibles for the Jehovah’s witnesses organization who declared to the Committee that the asset of the local associations reached a total of 600 million francs, essentially constituted of their real estate investments. "

    The pamphlet continues:
    " As for the daily life of the Jehovah's Witnesses, a poll realized in 1998 by the FRENCH NATIONAL INSTITUTE FOR MARKET RESEARCH AND OPINION POLLS noticed that " sociological data show tendencies very close to those observed on the average of the French people, as well as a high level of social integration "
    One shall be able to speak for a long time about this poll made directly at a convention of the Jehovah's Witnesses and questions asked by the pollsters who correspond strangely to questions for which is prepared the rank and file of Jehovah's Witnesses for some years.

    " charity incites the Jehovah's Witnesses to help their fellow men of numerous manners. For example, during floods in the Aude, " to Narbonne, to Lézignan-Corbières and to Saint-Laurent-de-la-Salanque, hundred Jehovah's Witnesses mobilized during the weekend to bring their help to the victims of floods ". - Liberation, in November 19, 1999, Gaillac. "
    As a general rule the Jehovah's Witnesses help only their coreligionists. (To see for example http: // www.chez.com / tjrecherches / BugVenez.htm) For some years the leaders of Jehovah's Witnesses understood the stake in the mediatization and the inconsequence of this limitation. About this kind of help, the Bible declares in Matthieu 6 1-4 :
    " Guard yourself of practising justice in front of the people, to be it seen ; otherwise you will have no reward with your Father who is in heavens. When you make charity, do not sound the trumpet in front of you, as make the hypocrites in synagogues and in streets, to be glorified by the people. I say it to you really, they receive their reward. But when you make the charity that your left hand does not know what makes your right-hand, so that your charity makes in secret ; and your Father who sees in the secret will return it to you. "
    It seems to me that to speak about his humanitarian’s relief in 12.000.000 copies distributed in streets does not correspond to this advice of Jesus.
    " Finally, love for God and fellow man brings them to develop at their fellow man's an affection for spiritual values (Gospel according to Matthiew 22:37-40). As many, they hold in high respect the freedom of conscience and religion and are persuaded that it will continue to be guaranteed in our country. "
    If freedom of conscience means not to pay its taxes and not to undergo punishments of the justice when you commits several offences, where do we go?

  • chasson
    chasson

    BTTTT !!!

  • Celia
    Celia

    They're losing ground in France, and the WTSociety is really trying hard to regain some ground....
    Very interesting article Charles, thanks.
    Celia

  • anewperson
    anewperson

    Merci pour la information!

  • chasson
    chasson

    BTTT !!!

  • TheOldHippie
    TheOldHippie

    On February 28, 2002 the Appellate Court of Versailles rendered a judgement that we were keenly awaiting.

    The court made its ruling in the litigation opposing Association of "Jehovah's Witnesses" and the Hauts-de-Seine Internal Revenue Department.

    The Internal Revenue Department undertook a colossal tax adjustment to impose a 60% tax on donations made by our faithful brothers during a four-year period.

    The Appellate Court of Versailles confirmed the position of the tax authorities who, in the case in point, used the new article in the General Tax Code adopted by the financial law on December 30, 1991, which became Article 757-2 of the CGI. In the terms of this article, the disclosure to the tax authorities of a manual gift leads to the collection of a 60% tax as registration fee. According to the Court of Versailles, this taxation would apply "to all persons, both physical and juristic (...), including associations". This interpretation appears contrary to the will of the legislator, who obviously had not conceived this new arrangement as a means to levy taxes on manual gifts to associations. In this matter, the parliamentary deliberations are revealing. In its decision, the Court of Versailles goes as far as to recognize "that manual gifts are not (...) taxable, that there is no obligation to declare manual gifts" (p. 11 of the judgement). In fact, the law of July 23, 1987 confirms the possibility of all registered associations to freely receive manual gifts (Article 6 of the law of July 1, 1901).

    Bringing the deliberations back to the simple interpretation of Article 757-2 of the CGI, the Court brought out that "the only question that can be asked is that of determining if the taxpayer disclosed the donations, in the sense of Article 757, paragraph 2, when the accounts were presented to the requesting authorities" (p. 11 of the judgement).

    In short, the deliberations were purely technical, with the Court making its decision based on the point that "the presentation by the association, in harmony with legal obligation, of its accounts records, (...) is equivalent to revealing in the sense of Article 757, paragraph 2".

    The Association of "Jehovah's Witnesses" has, therefore, been taxed for voluntary donations from its members during a four-year period, not because of their being taxable, but because they were carefully recorded by the association. For the Court, "what motivated the taxation is, therefore, not the gift itself but rather the disclosure of it by the donator." (p. 11 of the judgement).

    This interpretation with have serious repercussions for associations as a whole who receive manual gifts and who record them. Perfectly aware of the consequences of its decision, the Appellate Court of Versailles, as is excusing itself, affirms: "it is not the prerogative of the judge to reform or modify the law, no matter how inadequate it may be." (p. 13 of the judgement).

    In this way, on February 8, 2002, a new tax was consecrated. From now on manual gifts, or using the terminology of the Appellate Court of Versailles, the "resources of the generosity of members who are benefactors" are taxable at the rate of 60% if they are recorded in the accounts records of an association.

    However, the motivation of the taxation will depend on the attitude of the Internal Revenue Department who could decide to audit this or that association. In the future, those who have the misfortune of being audited and who have recorded the donations from their "members who are benefactors" will not be able to escape this tax.

    No doubt about it, such an interpretation, constituting a legal precedent, should be judged as "inadequate".

  • chasson
    chasson

    Hi OldHippie,

    This interpretation with have serious repercussions for associations as a whole who receive manual gifts and who record them. Perfectly aware of the consequences of its decision, the Appellate Court of Versailles, as is excusing itself, affirms: "it is not the prerogative of the judge to reform or modify the law, no matter how inadequate it may be." (p. 13 of the judgement).
    Right, this is a stupid law, but as far as i know other association, they are clearly informed about this law and try to have money in other way than donation as for example card's members, or charity's gathering, etc... To stop this law or to reform it, JW would must make politic.

    Bye

    Charles

  • metatron
    metatron

    Can someone clarify this strange legal situation?
    I can't understand it.

    If I give a hundred bucks to a French association, it isn't taxed
    if it ISN'T recorded? Huh? So you can't accept donations without
    tax if you make a record of what's in the box?

    metatron

  • TheOldHippie
    TheOldHippie

    If I give a hundred bucks to a French association, it isn't taxed
    if it ISN'T recorded? Huh? So you can't accept donations without
    tax if you make a record of what's in the box?
    *********************************************************************
    That is correct, Metatron - and the French association therefore muct pay 60 % because it has reported to the authorities the donations and presented records or receipts. Had they not, they would not have been taxed.
    AND, in order to pay the 60 % taxes, the funds they now must collect to pay the authorities, will also be taxed 60 %, so in stead of collecting for example 30,000,000 dollars, they have to collect 75,000,000 dollars.
    They had better try it with oral enclosures from now on ...............

  • chasson
    chasson
    That is correct, Metatron - and the French association therefore muct pay 60 % because it has reported to the authorities the donations and presented records or receipts. Had they not, they would not have been taxed.

    This is a law of 1991, other associations than JW have had the same problem, for example a frech's actress, Brigitte Bardot has donate the money of a house that she has selled to his association for animals, she must payed 60%..

    Bye

    Charles

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