Treasury Technicians Reported That The Investigation Into The Retired King Was “Slow”

2021-02-26   |   by CusiGO

Gestha, the Ministry of finance’s technical staff union, on Friday criticized the tax department and the prosecutor’s office for their “slow” investigation of Juan Carlos I. technical staff have been asking the retired king to conduct a tax investigation since September 2018, When the first details of the investigation by the Swiss prosecutor’s office were released. “It is the duty of the tax department to investigate the retired king as it is with any taxpayer in order to avoid resigning without a judicial investigation or a prosecutor complaining about the same incident,” gesta said in a statement yesterday.

If the IRS has investigated the former head of state, he can not choose to regularize his position in the IRS to evade tax crimes, because the law only stipulates this way when the IRS and the judicial department have not informed him of the investigation. The first normalization was proposed by the retired king in December, and one aspect he tried to clarify was whether Juan Carlos I was told that he was under investigation when he used the formula.

Last fall, the supreme prosecutor’s office informed the retired King’s lawyer that it was investigating the allegation that the businessman sanguines Klaus had donated to Juan Carlos I, but did not report it to the prosecutor. Investigators questioned whether the letter prevented the former head of state from realizing the possibility of tax normalization, but tended to refuse because the investigation at that time was not deep enough to charge or prove tax crimes, This is the result of regularization.

The Ministry of Finance and the prosecutor’s office must now carry out the same examination of the second normalization proposed by the former head of state, but the union of financial technicians believes that the two institutions have given Juan Carlos I too much time to regularize his financial situation. “Any other citizen will be investigated earlier, with less evidence than this case,” said Jos é Mar í a molinedo, Secretary General of gestha.

However, since the Inland Revenue Department and its national Fraud Investigation Bureau (onif) have no right to make their own requests to prosecutors’ offices in other countries, the international structure that is said to exist after the accounts of the retired King complicates the actions of the Ministry of finance, It’s not a foreign financial institution, it’s not a taxpayer living abroad. They can get information about Spanish residents from their foreign counterparts, but in terms of international training, the difficulty of action is always greater.

Although the exchange of information between countries is becoming more and more organized and comprehensive, the green light for the inspection of a particular taxpayer requires information proving the action to be taken in advance, which does not rule out the possibility of making a prior request. In cases where the office of the prosecutor has taken action or has been prosecuted, the gap has narrowed as the tax department assists the judiciary in matters it requests.

The office of the prosecutor now also needs to examine other requirements required by the law to normalize the tax situation: the statements submitted must be “complete” and “true”. The fact that Juan Carlos I filed his second return after the second one registered two months ago does not, in principle, mean that the first one is incomplete, because although it is consistent in any year in question, the first one concerns the tax on donations and the second one concerns irpf.