An American citizen resident in France has contested the
legality of the use of confidential information filed with the
French tax administration to constitute and inform the Regster of
Trusts on line since 4th July, 2016.
Perhaps it is about time that the anarchic streak inculcated in
the education of ENArques now be reined in and brought back to some
form of legal order.
There are two procedures: one which, if successful, will have
the effect of suspending the Register and possibly having the
decree cancelled; the second will not have any interlocutory
effect, but if successful will enable the matter to go before the
constitutional court. Seeing the composition of this
venerated establishment, it is unlikely that any attempt will
be made to respect the laws and practices of any other
jurisdiction: Mssrs. Fabius and Jospin are not known for
intellectual integrity and respect for principles which are not
their own. Those in Paris in the 1980s will remember Fabius'
contemptible methodology of denial of reality and fact in matters
of contaminated blood transfusion.
The avocate respresenting the client indicates that the
information on the Register is about trusts which have been
declared and are in order - en règle. If the aim of the decree is
to aid in the abstract and idealised struggle - lutte - against
non-declaration and evasion, then it does seem to be shooting
itself in both feet, and not availing such a hypothetical
struggle!
Why render public the names of those who are declared
correctly - that is if you still believe that the French deeming
mechanisms are actually correct and justified when appied to
non-grantor trust arrangements such as English Trusts? The French
legislation is completely out of touch with legal reality, and has
become a diabolical Frankenstein.
Hopefully this American claim will undo the nut and loosen the
bolt in the neck of this ridiculous fiscal Frankenstein formulated
by civil servants who are entirely out of touch with the law and
reality, saving through the files that come to their attention.
The irony is that one of the Fonctionnaires responsible for this
travesty resigned from the adminstration recently and has moved to
a law office in New York, where he can base his practice on the
equivalences between the American Grantor Trust and the
monstrosity of universal application which he has created. He
probably felt that he might be made to feel out of place in London.
The moral of the story being that one needs to take one's civil
service pension and supplement it on solid revenue streams rather
than on those open to contestation if one wishes to live modestly,
if not comfortably abroad ...
See:
http://www.lemonde.fr/economie/article/2016/07/05/le-registre-public-des-trusts-lance-par-la-france-conteste-devant-le-conseil-d-etat_4964235_3234.html#IDCm1vzLcXblhltw.99