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On Fri, Oct 02, 2020 at 09:10:53AM +0100, Michael Meeks wrote:
On 30/09/2020 09:40, Andreas Mantke wrote:

 c) form sub-group to work out and publish business entity proposals
    URL: https://redmine.documentfoundation.org/issues/3294
    Status: Criteria list (Lothar) Draft proposal for Luxemburg entity
(Paolo), next meeting orga(Thorsten)  ->> 
https://nextcloud.documentfoundation.org/s/NeBWm25cd2LHyoq

it's not a really appropriate behavior of a German charity to
create a business entity in a country, which is known as a legal
tax shelter.

      I'm sure no-one would want us to search the world for a
jurisdiction that is maximally burdensome to incorporate and run in
=)

I'm aware that (some) German (and French, and Belgian) politicians
like to deflect from domestic problems by blaming Luxembourg, and that
they have some success doing that, but that doesn't make their dreams
true.

They like to announce big sweeping "we will investigate this-and-this
behaviour by Luxembourg"... the press echoes the big announcement, but
when the investigation silently peters out, nobody reads about it.
Recent examples include the Belgian "investigation" of Luxembourg tax
rulings (the Belgian tax office probably "reminded" the minister that
they issue far more...). Some press, e.g.
https://www.icij.org/investigations/luxembourg-leaks/luxembourg-falls-further-behind-eu-aml-rules-as-companies-fail-to-disclose-ownership/
like to announce when Luxembourg faces delays in the nitty gritty
implementation of a particular transparency measure required by EU
legislation, but is mum when France flat out refuses to implement it
fully (with some help of its top courts, which seem to think it is not
obviously wentirely compatible with fundamental human rights), or
Poland has (at the time of the article) not even begun a draft law to
implement it (Poland has since have not only drafted that law, but
passed it).

From the times of Francis Bacon and before, "calomniez, calomniez, il
en restera toujours quelque chose" (I wish I knew the English
original, not only the canonical French translation) has been a
principle of statehood.

Bullying small Luxembourg is obviously easier, and safer, than even
small but somewhat bigger neighbours, like the Netherlands (ever heard
about the "Dutch Sandwich"?), Belgium ("tax shelter" for many French
or Dutch "rich people"... no taxation of "capital income", as long as
it is not a professional activity) or France (where whole city/town
districts are tax-exempt... how's that for a "tax shelter"?), or small
jurisdictions under the protection of e.g. the United Kingdom.

If you want to take the discussion on the moral level, you have to
decide whether it is "proper" for "a German charity" to join in this
bullying, or whether it should stand as a beam of light and virtue in
refusing to do so.

If you want to have the discussion on factual bases of where and how
it would work best, like Michael seems to try to do, then we can
forget about this whole subdiscussion.

-- 
Lionel

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