Protection of Shakira (44 years previous) tried to disassemble the accusation of tax fraud, arguing that the singer had a certificates of everlasting residence within the Bahamas and that, till 2015, her presence in Spain didn’t exceed the 183 days per 12 months that compelled her to pay taxes on this nation.
As reported to Efe Authorized sources, an knowledgeable appointed by the protection of the artist and an inspector from the Tax Company have appeared this Thursday earlier than the pinnacle of the investigating courtroom quantity two of Esplugues de Llobregat (Barcelona), which is investigating her for allegedly defraud 14.5 million euros between 2012 and 2014.
The prosecution’s grievance relies on stories from the Tax Company that argue that the singer averted paying taxes to the Spanish Treasury pretending that he didn’t reside on this nation and hiding his revenue by means of a company community primarily based in tax havens.
The Treasury technician and the tax knowledgeable appointed by Shakira have collectively testified earlier than the choose, in an look during which they’ve opposed their thesis in relation to the principle object of dialogue between the prosecution and protection: lived in Spain greater than 183 days a 12 months, the minimal time to amass the standing of tax resident.
The protection of the Colombian artist argues that, throughout the investigated workouts, she had a certificates of everlasting residence within the Bahamas, an accreditation that the Tax Company inspectors don’t acknowledge for tax residence functions.
From there, the discrepancies between the Treasury and the protection knowledgeable have centered on the methodology to rely the variety of days the singer resided in Spain, who in her assertion as investigated earlier than the choose He maintained that earlier than 2015 he solely visited Barcelona punctually on the event of his relationship with the FC Barcelona footballer Gerard Piqué (34).
The inspectors of the Tax Company rely as a keep in Spain not solely the times on which their presence within the nation is accredited -through social networks, invoices or the usage of credit score cards-, but in addition the sporadic absences of the artist as a result of their journey overseas and, with these calculations, contemplate that it exceeded 183 days of residence.
Quite the opposite, the protection knowledgeable maintains that these days of sporadic absence – on the event of his live performance excursions or his participation within the tv program The Voice in the USA – shouldn’t be counted as time of residence in Spain.
Past the times of efficient residence, it isn’t the topic of dialogue between the events or the charge defrauded -which the singer has already returned to the Treasury- nor the community of firms domiciled within the British Virgin Islands, the Cayman Islands, Malta, Panama and Luxembourg with which she channeled the advantages of her skilled exercise.
In its grievance, the Prosecutor’s Workplace accuses Shakira and her tax advisor in the USA of six crimes in opposition to the Public Treasury and of devise a “plan” to not pay revenue tax or wealth tax to the Treasury, utilizing a community of firms primarily based in tax havens that had been formally the holders of the revenue it obtained.
As well as, the grievance provides, the interpreter signed agreements with the Luxembourg tax authorities, the so-called Tax Ruling, to attain “particular and privileged taxation” circumstances, when he already resided in Spain and had the duty to pay his taxes on this nation.
In whole, the grievance estimates 12.three million the quantity that Shakira needed to pay to the Tax Company for private revenue tax for the years 2012, 2013 and 2014 and in virtually 2.2 million the sum that he must pay to the Tax Company of Catalonia for the belongings he had obtainable in these years .
By an announcement, Shakira’s protection argued that Thursday’s look was “yet another step in a process that’s nonetheless within the investigation section“and highlighted his”absolute willingness to collaborate with the judicial and tax authority to be able to resolve the distinction of standards “.
[Más información: Shakira defraudó 14,5 millones a Hacienda: el nuevo informe que lo ratifica]