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Dutch tax exemption revoked + bonus announcements

Discussion in 'Leaks & Legal' started by Anonymous, Jul 18, 2012.

  1. Anonymous Member

    Arguably, the Catholic church nor any other religion, meets those criteria since none of them spends more than 90% of their income on actual charitable work. I would venture more than half of it goes into paying priests and upkeep of Churches. Except perhaps for the historical value of churches, I don't see how that´s for the common good. Yet, they all get tax exemption for funding those expenses. Except for Scientology.

    Hence, it could be that the tax office is opening a can of worms by back-charging Scientology. In one of the Trouw articles, the tax office was saying this is a complex legal matter, and I am just guessing where these complexities lie.

    Anyway, if it goes to court, I don't think any Dutch court will care much, since it's very clear that Scientology doens´t meet the criteria - they are a criminal/criminogenic organisation after all. However, the European Court of Justice may care for Scientology´s argument for religious discrimination and perhaps they could force the tax office into either annulling all blanket tax exemption for religions or give Scientology the same benefits.

    But hey, what do I know. It´s just random guesses from an amateur laywer, but I am cautious on declaring victory on this one just yet.
  2. Cudgel Member


    Don't they also do work for the guys on Car Talk on NPR?
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  3. Clusterdux Member

    I'm sorry I misinformed. This appears not to be the case. The Belasingdienst added clarifications to their site (or I missed those the first time around). Donators will NOT get a retroactive tax hike.
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  4. Random guy Member

    I suppose that's fair. They have been scammed after all.
  5. anonysamvines Member

    Thanks for the update. Cult and culties still lose the tax relief and is still WIN!!
  6. muldrake Member

    I suppose that ruins my analysis of why a government agency would do that. It does happen sometimes, but pretty rarely, and I guess it didn't happen this time.

    This does still limit the cult's ability to raise future money, which would not be deductible, and that's a good thing.

    For very good reasons, retroactive tax hikes are generally despised. (While I was pleased when I thought it amounted to a finding of fraud, which is what the cult commits, this is about the only time such a tax hike is appropriate, IMO.)
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  7. Clusterdux Member

    The 30th was Queens Day. This means that the center of Amsterdam was so full all day long that vehicle traffic is suspended to make room for the pedestrians and market stalls. If you want to promote something, its the perfect time to do it.

    I thought I'd swing by the org and take some pics of the promo. There wasn't much to see however. Just an unattended leaflet stand, closed doors and Dianetics books behind the window.

    [IMG]
    [IMG]
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  8. Thx for the update, Clusterdux..........

    Talk about epic monumental expansion of planetary clearing........

    L. Ron Hubbard's 'Mini-Me' Miscavige: Twat's wrong with Scientology.......
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  9. Clusterdux Member

    Mike Rinder made the following post recently
    http://www.mikerindersblog.org/voldemort-wows-em-again/
    According to Rinder's source: "Amsterdam also got its building"
    WTF? This should sound highly unlikely to anyone who has been following the Dutch situation, right?

    Trev was on this already and got an (unanswered) post in on Rinders blog asking for explanation;
    http://www.mikerindersblog.org/voldemort-wows-em-again/#comment-8765

    I call 100% horseshit on CoS NL buying an Idle Org location...... But who knows....This may be a weasel way to explain why they have to move out of their uber-prime, ultra-high-rent location to some office space in suburbia soon.

    Anyone has more info on this?
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  10. Anonymous Member

    From the mouth of Rinder,

    At this point It wouldn't be too surprising to see the cult break protocol and fund idle orgs in locations that are full of fail but still strategically valuable to the cult.

    /idle speculation
  11. Random guy Member

    I guess that depens on what they crave the most: Image or money. They may see it as a business expense, in that they need their image to trick the poor attendees out of more money.
  12. Anonymous Member

    I though this was already happening in some places....
  13. Anonymous Member

    Some confusing additional information came out today. Scientology is in fact going to the courts again to try and obtain tax exemption. They lost a court case in june last year, only weeks before the tax exemption of their fake Nabesa foundation was yanked. The court case wasn't published until a few days ago and I must say that I am confused by it. After all, the highest court (Hoge Raad) had already judged in 2004 that Scientology is not legible for tax deduction, so why can they try again?

    Anyways, the court ruled once more that Scientology's courses are not primarily for the public benefit (duh). Scientology tried to comically argue that because people function more effective as individuals due to their auditing, society at large operates better as well, and therefor auditing is for the public benefit after all. The judge must have laughed to himself a bit before knocking that argument down. The court also struck down several other arguments. A non-sensical approach had them showing work schedules of staff to the judge and another non-sensical argument was to claim that because Scientology owns so many foundations that do have tax exemption, Scientology itself should have tax exemption as well.

    A much more relevant approach was trying to show that Scientology is discriminated against in comparison to other churches. They tried to argue that several Buddhist tax free foundations offer commercial courses as well. If (note the word if) they are right, it could actually give them legal standing to demand they are offered tax exeption as well. Because they didn't have any dox for their claims, the judge struck down this argument as well.

    I suspect this court decision somehow ties in to the Nabesa situation, and in particular whether the tax office struck Scientology with a retrospective tax bill. Unfortuately, final confirmation they received this bill is still outstanding; the tax office told media in september last year that it's legally a very complex situation.

    I fail to understand what's going on at this stage, but I'm sure we'll see more court records appear in due time as Scientology is likely to continue to appeal the decision.

    Links:
    http://www.taxence.nl/fiscaal-nieuw...age/scientology-kerk-is-geen-anbi.58988.lynkx
    http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBHAA:2012:2281

    As far as the july posts, there is no indication that Scientology has purchased a building. In fact, several tenants have moved into the building they tried to purchase last year.
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  14. Anonymous Member

    Thanks for keeping is posted!
  15. Anonymous Member

    They Cannot, They have to pay back taxes on all the money "donated" going back 10 years for legal entities(5 for natural persons)

    • Like Like x 1
  16. Anonymous Member

    Please do elaborate. I have never heard this information. Is this generic information about Dutch law or is it specific to a Nabesa ruling by the tax office? What else can you tell us?
  17. Anonymous Member

    The Dutch have always been good accountants and administrators. Our Tax service cost more than strictly nescercarrry to make sure taxes are correctly administrated not to get more tax but to tax fair

    http://www.trouw.nl/tr/nl/5097/Spir...-aan-belastingparadijs-voor-Scientology.dhtml

    Tax Service made an end to tax haven for ScientologyBy: Robin Weaver - 04/09/12 , 13:19The Church of Scientology can not use more tax -deductible donations for the construction of a new building . The Administration has the organization are cut off . Bad news for the church : who gets an additional TAX

    This reports the Parool . The Church of Scientology , itself no public benefit organization ( anbi ) , left , for the purchase of the property since a few years entering through a special sister organization . That vehicle , the Foundation For A Better Society ( Nabesa ) , enjoyed quite a anbi status . Gifts were therefore tax deductible.
    This practice is prohibited : an organization that has no anbi status may not use gifts a side organization who has it. The Administration Nabesa now deprived her anbi status .
    'The Netherlands is a tax haven 'In internal memos Netherlands called the church " a paradise compared to other European countries , where the churches have to pay for each donation , and also where donations can not be deducted from the income tax lot . "Let splashing ! " , Advised the church pipe.
    The tax paradise now comes to an end . Not only new gifts not be deducted , may be earlier donations retroactively non- deductible. Nabesa will soon get an additional ( the donors are exempted ) .
    There seem large sums of money are at stake : in March left the organization know that three-quarters of the construction budget for the new headquarters was inside. The budget of the office runs into millions . Probably the church must now come up with a different solution for the financing .
    Disgraceful , is a spokesman . "We are a religious society , and have been honest about our purpose : raising money for a new building . Why should all the other churches though and we do not ? "
    Exploiting followersThe spiritual movement is not only in the Netherlands under discussion. Although Scientology include therapy and offers and fights against drug use , she alleged malpractices in a number of countries . So put a Paris court the church three years ago a fine for the financial exploitation of vulnerable followers.
    The Belgian justice conducted from 1999 to 2007 a ​​major review of the church for fraud and extortion . Germany considered in recent years to prohibit the church and Russia refused to register as a religious organization , but the church was tapped in 2007 by the European Court of Human Rights on the fingers .
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  18. Sometimes you get the weirdest things.So to answer if it's generic YES it fucking is generic.
    Amsterdam Forced Holocaust Survivors To Pay Back Taxes



    SUDDEUTSCHE ZEITUNG (Germany) TIMES OF ISRAEL
    Worldcrunch
    AMSTERDAM - Of the 110,000 Jews deported from the Netherlands during World War II, only 6,000 returned home from the concentration camps. The survivors mostly found that their homes had been destroyed, or had been taken possession of by non-Jews.
    It was then, if they were from Amsterdam, that the municipal letters started to arrive.
    From 1945 to 1947, the city of Amsterdam sent Holocaust survivors reminders for unpaid taxes and other unpaid bills from the war years. Unlike other Dutch cities, Amsterdam made no allowances for the reasons that the returnees had not paid up.
    There was no public debate, although the newspaper Het Parool did report on the letters in 1948.
    It is only now, 65 years later, that the way the city dealt with the issue is receiving public attention. Michiel Mulder of the Dutch Labor Party (Partij van de Arbeid) called the way returning Jews were dealt with a "disgrace." Amsterdam Mayor Eberhared van der Laan stated that the local government at the time had acted “formalistically, bureaucratically and coldly,” showing no "empathy for the victims."
    The Times of Israel ran a story titled "Amsterdam fined, taxed Holocaust survivors in hiding" illustrated with a photo of Anne Frank.
    The revelations are particularly embarrassing because they only came to light by accident during the digitizing of city archives. Art historian Charlotte van den Berg told the Süddeutsche Zeitung she found documents relating to the matter "buried under other files."
    The documents included replies received from Jews taking issue with the payment demands or asking for extensions of the due dates for payments. “There were late fees being charged for late payment,” van den Berg said.
    When she notified authorities about what she’d found, there was some notice taken but the archives department was more interested in staying on schedule with the digitizing project than worrying about 65-yer-old letters. Original documents were to be destroyed after the digitizing was completed. So van den Berg contacted Het Parool.
    One of the spokespersons for those involved and their descendants is Ronny Naftaniel, the son of a Holocaust survivor and director of the Center for Information and Documentation Israel in the Netherlands. He urged swift clarification. While he did not mention compensation payments, he qualified as "shocking" that the city of Amsterdam had even claimed back-payments for local real estate taxes and public utilities.

    SO

    Crunched by: Gail Mangold-Vine
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  19. Quentinanon Member

    Victimising the Victim. Those folks should get fully compensated based on the current value plus punitive damages.
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  20. JohnnyRUClear Member

    what is this I don't even
  21. Google translate

    'Laten we uitspatten raadde de kerkleiding aan', "I think let's splurge adviced the church management "is more accurate sorry I was lazy editing that.

    I can see how this went wrong:

    11_14_31_web.jpg
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  22. Anonymous Member

    Again they tried for tax deductable, but this time for the COS itself.

    http://www.taxence.nl/fiscaal-nieuws/nieuws/fiscaal-nieuws/scientology-kerk-is-geen-anbi.59062.lynkx

    Scientology Church isn't a Charative Institution (ANBI)
    Wednessday septhember 4th 2013

    The part of the Church of Scientology Amsterdam offering auditing and training aimed at spiritual growth, therefore ANBI status. The church could not justify in Haarlem District Court that the training was at least 50% for the public good.

    The Church of Scientology Amsterdam asked an ANBI "certification" from the inspector. When this request was rejected, the church went in appeal . Haarlem court indicated that it was not in dispute that it was an institution that aims to serve any public interest and a religious or spiritual institution. Parties were also agree that auditing and training religious or ideological in nature. But there was disagreement about whether the auditing and training the public interest in at least equally served as the private interest, as required to obtain the ANBI status. The judge indicated that a religious or spiritual institution is not simply an ANBI. It was up to the institution to make this plausible, but the Church of Scientology failed herein, the court ruled.

    private growth

    The auditing and training were offered at substantial and fixed rates. They served primarily a private interest. This was in spite of it having the side effect that the participant after training would function better in society,not sufficient to establish that the training of at least 50% serve the public interest. The argument that the institution acted as the umbrella of any related ANBI foundations and therefore itself also had to be a ANBI institution was rejected by the court. Finally Haarlem District Court found that the inspector did not act contrary to the freedoms of religion and association (Article 9 and 11 of the ECHR). The institution had failed to show that the refusal of the ANBI status funding and thus the survival of the institution had actually threatened.

    Law: Article 6:33 Act 2001 (text 2007), Article 41a Implementation income (text 2007)

    More information: Court of Haarlem, July 23, 2013 (published on September 2, 2013)
    http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBHAA:2012:2281
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  23. jensting Member

    To the criminal organisation known as the "church" of $cientology, getting a tax break is a religious sacrement! The ECHR is going to hear about this!!

    Thanks a heap for the translation, and thanks to the Dutch authorities for seeing thru' the bullshit Now, they just have to ask if any of the organisations under the umbrella (or "front organisations") actually meet the criteria for ANBI ...
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  24. Anonymous Member

    The official court publication was second of september 2013 but the verdict was actually july 2012 I learned.

    And after that they tried to set up a scam organization. Comment on Mike Rinders blog about it.
    http://www.mikerindersblog.org/real-expansion-stats/#comment-16306

    • Like Like x 4
  25. Anonymous Member

    The tax office did review the ANBI status of all other front groups last year. The conclusion was that they met ANBI criteria. Which is a good thing, because they actually do meet the criteria. I don't like these front groups any more than you do, but they shouldn't be punished unfairly just because you, I, the tax office or society at large doesn't like them. Yay for democracy!

    PS Did you get around to report the Danish Narconon to health authorities?
    • Like Like x 1
  26. Anonymous Member

    On another note, Narconon in the Netherlands did got burned on healthcare issues and stuff
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  27. Anonymous Member

    Patience.
    • Like Like x 1
  28. jensting Member

    Agreed. I can live with the public body actually looking and finding that the front organisation passes the test. (Putting aside the question of how an organsation which holds "fair game" as a "religious" activity and trains its members in lying can be trusted; the checks made by the authorities should be suitably sceptical - and that goes for all organisations inspected.)

    Ehrm, not quite yet.
  29. Anonymous Member

    Well, I'll be damned. They bought a building in Amsterdam after all, according to a former member...

    http://www.mikerindersblog.org/scientology-contraction/

    I'm afraid this means they probably didn't get that backtax fine after all. I hope to receive a bit more information shortly.
    • Like Like x 2
  30. No, they are still renting, and have diffuculties all the time putting up the rent money, re read mike's blog

    Cat Daddy
  31. Anonymous Member

    This is in today's post on Mike's blog (underline mine):

    Second Report on Amsterdam.
    The org is quite empty. A few people in the Academy, 10 max. No Clears made in the last five years. A new building has just been purchased. Staff is about 30. The org is busy with co-audit teams who are redoing their Objectives. No auditors made in the last five years, except for two staff. ( one at Flag)
    • Like Like x 2
  32. Sorry I was a bit and am a bit out of it, celebrating the dimise of Scientology, having a fair share of drinks and getting some fine piece of action, Damn I am lucky

    Must be shithole that building, knowing the dutch tax office they had to pay ~!!!, so the money left will not have got them anything that would summon Slappy to open
  33. wolfbane Member

    Not good.

    Scientology wins Dutch tax exemption status as a faith institute
    Thursday 17 October 2013
    http://www.dutchnews.nl/news/archives/2013/10/scientology_wins_dutch_tax_exe.php
    More at link
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  34. TrevAnon Member

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  35. TrevAnon Member

    MOAR: http://www.nu.nl/economie/3604482/fiscus-moet-scientology-belastingvoordeel-geven.html
    Heh.
    Never heard of this. Seems to me that doing courses for free while on staff and/or in Sea Org is being meant? Any Dutch anon know more about this?

    I assume the Dutch IRS never heard about the freeloader bill? :confused: Or are they thinking, as it is unenforcable, this means the courses are for free? So COS must be granted ANBI-status?

    EDIT: LOL! Geen Stijl, a very well read blog site that uses sarcasm and irony a lot, has picked up on it.

    http://www.geenstijl.nl/mt/archieven/2013/10/scientology_fraudeurs_krijgen.html
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  36. DeathHamster Member

    Scientology always claims that they can offer the courses for free to publics in special cases. Those must be very special cases, because no one can come up with an example of that ever happening.
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  37. The Wrong Guy Member

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  38. jensting Member

    except for staff, and they really cannot afford the courses. QED.
  39. Anonymous Member

    There are two free ones I can think of. The Hubbard Dissemination Course, where you learn to sell Scientology to the public, and the Field Staff Member course, where you learn to sell Scientology to other Scientologists. Don't know of any others.
    • Like Like x 1
  40. Anonymous Member

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