EL PAIS
スペインの衣料品製造販売会社のZara,Massimo,DuttiなどのInditex インディ テックスの創業者の Amancio Ortega アマンシオ オルテガ は,SIMCAV(sociedads de inversion mobiliaria de capital variable)の投資により、財政控除の法人税を1%しか納めず(大企業の法人税は30%)、さらにこれらの会社としての財産税を、家族会社として免除する規定を乱用(悪用?)し、財産税を脱税?して、税務署から33'000'000ユーロ(3300万ユーロ)の追加徴税の判決を受ける。Amancio Ortegaの財産(資産価値)は41'000'000'000ユーロ(410億ユーロ)。
Amancio Ortega se topa con Hacienda
El Supremo sentencia que el hombre más rico de España debe pagar 33 millones extras que le exigió la inspección por el impuesto de patrimonio de 2001 a 2003
DESCARGABLE Sentencia del Supremo sobre Amancio Ortega
José María Castellano tendrá que pagar 365.000 euros más en impuestos
Miguel Jiménez Madrid 5 JUL 2013 - 00:01 CET
Amancio Ortega meets with Treasury
The Supreme judgment that the richest man in Spain must pay 33 million extras which required inspection by the estate tax from 2001 to 2003
Judgment of the Supreme DOWNLOADABLE about Amancio Ortega
José María Castilian will pay more in taxes 365,000 euros
Miguel Jiménez Madrid 5 JUL 2013 - 00:01 CET
Spain 's richest man will pay more taxes for their fortune. The Supreme Court has just given a judgment dismissing the last resort of Amancio Ortega against the records of the tax inspectorate for its wealth tax returns for the years 2001 to 2003. Judges themselves make clear that this is a matter of interpretation of the law , " without implying a fraud " so that there was no concealment or "simulation" . But sentencing the founder and main shareholder of Inditex, the Spanish company with the highest market value , left untaxed in tax equity investments which should have been paid to the Treasury 33 million more .
moreJosé María Castilian will pay more in taxes 365,000 euros
The founder of Zara problems with the IRS have their origin in the IPO of Inditex. The approximately 1,300 million Ortega succeeded by selling a portion of its shares were reinvested into two investment companies with variable capital ( Simcav ) Sorrel calls Investment Investment Keblar 2001 .
The Sicav Simcav or are companies already enjoy a privileged taxation, because only paid 1% corporation tax on its profits , like mutual funds and other collective investment. But what was not questioned Hacienda taxation Simcav these results , but whether they should be taxed in the estate tax .
Tax advisers Amancio Ortega designed a structure according to which the Simcav are owned by other family companies : first, Ponte Gadea and then Licidia and Investment Menlle , firms engaged primarily in the real estate business. The equity tax rules let tax exempt holdings in family businesses to avoid penalizing economic activity. So , Ortega and his advisers considered their investments Keblar Sorrel and should not be taxed in equity because they had titles were Simcav Ponte Gadea, Menlle Licidia and Investment , and participation in these societies Ortega was exempt from taxation in equity.
The court ruled that fraud in the declarations or simulation
But the tax inspectorate and then the Regional Administrative Economic Court of Galicia felt that it was " a situation of abuse of the rule in which through a series of real and valid legal business assets an artificial network is set up in order exempted from that definition does not apply " and recalled " the fact that the shares in collective investment have always been outside the exemption expressly excluded from the norm . "
Amancio Ortega appealed that decision. The Superior Court of Justice of Galicia ( TSJG ) ruled against him in a judgment delivered on March 3, 2011 which went unnoticed . It noted that the amount of recourse against the Galician Finance and the State was 32,789,394.83 euros.
Amancio Ortega appealed to the Supreme Court, which dismissed his appeal in a judgment delivered on 21 May recently published . The judgment is not reported whether disputed taxes were already paid or were endorsed for the appeal . The TSJG not condemn him for failing to pay the costs "recklessness " or "bad faith" , but the Supreme a limited fixed costs 6,000 euros. In the database Court of the Judiciary, individuals with false names appear : Amancio Ortega is in this sentence as Don Baldomero .
different interpretations
The Supreme admits the Wealth Tax Act (LIP ) was changed to prevent them from being automatically exempt from taxation the shares of the second level , ie hanging from family holding companies . But , in his opinion, this legal hole that some taxpayers never was open to the Sicav trickled . Who had a Sicav must declare and pay tax on her heritage, but the participation had over a family business.
" Even under a strict and literal interpretation of Article 4.8 of the LIP in its pre- 2006 wording Reformation , though initially introduced into impossible by the actions taken by the second-tier subsidiaries to assess the exemption, however, this principle find as absolute exception for the Sicav , whose participation in any course may be enforced on the tax exemption under discussion , whatever the site of the waterfall that shares the same disclosure , given its specific nature and enjoyed particularly favorable in the field of other tax treatment , "said the statement.
"These are technical discrepancies " explain in the vicinity of the employer
Sources said entrepreneur environment is " technical discrepancies in interpretation ." That is what is also apparent from the content of the sentences : " When legitimate right to use taxpayer in favor of tax regulations , it is for not only the right but the obligation of the administration to check the lawfulness of those decisions , without incurring a fraud, but the use of a resource that is later checked it was not appropriate to the aim pursued . "
In the end, the tax structure that is over designed their advisors harming Ortega, because not only could not exempt participation in Simcav but not the 5% NH Hoteles possessed through these and, having had directly, it would not be taxed on their share an authentic business .
Marta Ortega Perez and Flora also lose
Amancio Ortega is not the only one who has run into the Treasury by this interpretation of the law. His wife , Flora Perez and his daughter, Marta Ortega, received two judgments of the Supreme in the same sense as June 3 , a minority , also participated in this structure to be part of these family companies . For Marta Ortega , the amount of resource has been lost of 897,720.09 euros (according to the judgments of the Supreme Court and TSJG ) and Flora Perez of 336,942.32 euros ( who also lost appeals before the TSJG and Supreme ) . In addition, the then vice president of Inditex, José María Castilian , used an identical structure and also lost in the Supreme.
Ortega 's fortune is 40,000 million in 1000 and increased yesterday
Ortega finished undoing the tax structure through which managed Sicav with part of their heritage . Bet its real estate group , which has been growing and creating jobs with a model that attempts to add value to the restoration and renovation of the buildings of purchase and is already the most profitable sector in Spain .
The founder of Inditex recently lost another fight with the Treasury before the Supreme in which they were involved seven million income tax 2002 , by not admitting the judges who were pointing as capital loss derived cost 241 million to deal with an option to purchase shares to his wife, Flora Pérez . In that case , which did not allow the inspection was a correction of the originally filed declaration, considered correct.
Amancio Ortega is considered the fourth richest man in the world, with a fortune valued at 40,000 million euros. Yesterday, shares of Inditex which controls more than 1,000 million were revalued .
2014年3月19日水曜日
スペインの衣料品製造販売会社のZara,Massimo,DuttiなどのInditex インディ テックスの創業者の Amancio Ortega アマンシオ オルテガ は,SIMCAV(sociedads de inversion mobiliaria de capital variable)の投資により、財政控除の法人税を1%しか納めず(大企業の法人税は30%)、さらにこれらの会社としての財産税を、家族会社として免除する規定を乱用(悪用?)し、財産税を脱税?して、税務署から33'000'000ユーロ(3300万ユーロ)の追加徴税の判決を受ける。Amancio Ortegaの財産(資産価値)は41'000'000'000ユーロ(410億ユーロ)。
登録:
コメントの投稿 (Atom)
0 件のコメント:
コメントを投稿