The representative of Juan Carlos I before the Tax Agency communicated last February that the king emeritus “he was willing to undergo a thorough review of his tax affairs” after presenting a regularization for the amount of 4.4 million euros in the Personal Income Tax.
This is stated in the letter that the National Fraud Investigation Office (ONIF) addressed the Liechtenstein tax authorities requesting information on the Zagatka Foundation, owned by Álvaro de Orleans-Borbón.
The cousin of the king emeritus financed him flights in jets between 2006 and 2018. Only as of 2914, when Juan Carlos de Borbón ceased to be inviolable, the amount of these trips amounted to eight million euros, which was the regularized amount in February.
“His representative [del rey emérito] He explained that the purpose of the said supplementary tax returns was to pay the taxes corresponding to the undeclared capital gains that he had obtained. In the aforementioned years, he benefited from trips paid for by the Zagatka Foundation. The corresponding income (benefits in kind) had not been declared to the tax authorities as capital gains in the original tax returns, “explained the ONIF communication to Liechtenstein, known as EL ESPAÑOL.
The letter informed that an inspection of the tax situation of the king emeritus is being carried out, “who is considered a resident in Spain for tax purposes and, therefore, you are required to pay taxes on your income and assets worldwide“.
The ONIF reported that the complementary income tax returns presented correspond to the years 2014 to 2018. “According to him [Juan Carlos I], was willing to undergo a comprehensive review with respect to the aforementioned years and, therefore, to put order in your tax affairs“.
“The amounts not entered within the legal deadlines, which were the subject of supplementary tax returns, exceed the amount of 120,000 per fiscal year set by law in article 305 of the Penal Code as an objective indication of the existence of indications of the commission of a Tax crime. However, Article 305 of the Penal Code specifies that fraud is not punishable if the taxpayer voluntarily regularizes his tax situation, “he explained to the Vaduz authorities.
“For the voluntary regularization to have the effects provided for in article 305 of the Penal Code,” he added, “the taxpayer must recognize and fully liquidate tax debts subject to regularization “.
And, in order to determine if this “full recognition and liquidation” of the debt is complete and truthful, the inspectors are carrying out the checks and investigations “opportune”.
“If the tax administration cannot establish the existence of a complete recognition and liquidation of the debt, it can refer the case to the Public Prosecutor’s Office,” the ONIF warned.
“In this context, the tax case under examination may constitute premeditated behavior that may be the subject of criminal proceedings“he insisted.
The ONIF communication reflects that the inspectors – who are in effect carrying out a thorough review of expenses and income of the previous head of State between 2014 and 2018 – they have not been satisfied with the information that the representatives of Juan Carlos I provided about the flights financed by Zagatka.
“In the course of the tax procedure, our tax auditors asked the representative [del anterior jefe del Estado] the underlying documents relating to the aforementioned capital gains and clarifications on the role of the Zagatka Foundation. (…) Some invoices and means of payment were provided. The representative stated that this was the only information available to him, having requested it from the Zagatka Foundation. “
According to the ONIF, “despite the availability of some data, there is still a lack of information and documentation that our tax auditors consider essential to establish the existence and settlement” of the debt.
The Liechtenstein tax authorities have provided the Spanish Tax Agency with additional information and documents that, according to the sources consulted, coincide with the data already available to the inspectors provided by the representatives of Juan Carlos de Borbón.
The same sources maintain that from Liechtenstein’s response it does not appear that Juan Carlos I is the owner “neither by far nor near” of the Zagatka Foundation.
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