The Provincial Court of Madrid has acquitted Agapito García Sánchez of fiscal crime, who heads the list of defaulters published by the Treasury. According to the Tax Agency, its debt is 15.9 million euros, a figure only exceeded by companies. The Prosecutor's Office claimed four years in prison and the State Attorney, on behalf of the Treasury, three years, in addition to millionaire fines.

The allegations related to fiscal year 2009 and had multiple fronts. One of them was that the defendant obtained a capital increase of 512,083 euros with the sale of shares of Inversiones Intermarket Sicav SA that was not reflected in the 2009 Income Tax. The court considers that this was indeed the case, but indicates that the amount that stopped entering the public treasury for it would have been 92,000 euros. that is to say, it did not exceed the figure of 120,000 euros from which fraud is punishable as a crime.

On another aspect of the accusation, the loans amounting to 2.6 million that it received from Mirador de la Dehesa SL, the judgment does not consider it proven that they had not been returned, nor does it consider it proven that they concealed remuneration for income from work and capital furniture that should have been reflected in your income statement.

Regarding the assignments of debt of the mercantile companies Mirador de la Dehesa and Inver PM to Valores Pirineos 2 for a value of 1.8 million, the Chamber considers that the way in which the receipt of said assets by Values ​​Pirineos 2 nor the identity of the debtor. The accusations maintained that it had been a remission equivalent to a capital remuneration as a dividend in favor of Agapito García Sánchez.

Regarding the possible prescription of the facts, the Chamber affirms that they had not prescribed because the admission to processing in the examining court of the complaint presented by the Spanish Tax Administration Agency occurred prior to the expiration of the period of five years. prescription. The Chamber concludes that the facts were not prescribed, but that they were ultimately not a crime either.

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  • Tax agency
  • Tax crimes

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