Borja Thyssen sits on the bench for alleged tax fraud
The Prosecutor's Office asks for three years in prison for Borja Thyssen and Blanca Cuesta for tax fraud in the sale of his house in Ibiza
The Prosecutor asks Borja Thyssen for two years in prison and 1.2 million
Borja Thyssen, a millionaire without a trade
Borja Thyssen -Bornemisza, son of Baroness Thyssen, Carmen Cervera, said Wednesday at the trial in which he has been accused of tax fraud that did not file the 2007 income statement in Spain "because he did not have to do it" Well then "I had the usual residence in Andorra".
The Criminal Court number 22 of Madrid has held the trial of Borja Thyssen, in which the prosecutor has asked that he be sentenced to two years in prison for a crime against the Public Treasury for not paying 592,557 euros corresponding to the fiscal year 2007 in the income tax of natural persons (personal income tax).
The lawyer of the State, on behalf of the Treasury, has joined the prosecution's accusation although she believes that the defendant should be sentenced to three years and four months in jail.
The defense lawyer has requested the acquittal of Borja Thyssen when considering that he did not commit said crime and because the Treasury also opened a file when the procedure had been prescribed administratively. According to the prosecutor, "Borja Thyssen did not submit the tax return in 2007 despite the fact that during that year he lived more than 183 days in Spain," a limit to consider him a taxpayer in Spain.
Borja Thyssen has recognized that he received 1,400,000 euros for two reports for ¡Hola! on the occasion of the announcement of his wedding and the pregnancy of his wife, Blanca Cuesta. However, he has argued that in addition to having Swiss nationality , he usually resided in Andorra and that the photos of the first report were on file.
He added that he received this money through Grobrach, a company he owned to manage his image rights that had his domicile in Las Vegas (Nevada, United States) and that the amount his company received for the contract paid tribute to The US Administration
Asked why he did not make the declaration of income in Spain for the year 2007 Borja Thyssen has maintained: "Because he was not a resident in Spain and did not consider that he had to."
In the trial, two Treasury inspectors and one responsible for the National Office of Fraud Investigation (ONIF) have stated that they have explained that Borja Thyssen opened a bank account in Andorra when it was still a tax haven through which he collected the money for the reports for Hola .
One of the experts has also pointed out that the Grobrach company "came out in the Panama papers" and said that "Nevada was a state with peculiarities that made it have a certain opacity."
That is to say, "an entity without real activity in the United States could be set up to channel funds," the expert said, adding: "On Borja Thyssen's side there was a frontal refusal to report his entire network abroad."
Another expert has commented on one of the "few data" that Borja Thyssen provided to the requirements of the Treasury that "attracts the attention that a person with his level of income made record an apartment with 50 square meters." The experts have recalled that the ONIF initiated the administrative file that has culminated in this judicial procedure because there were indications by continuous news in the media of the residence in Spain of Borja Thyssen, which could have high levels of income from reports and interviews susceptible to be declared to the Treasury. They have added that in the course of the file the defendant did not prove his residence in Andorra.
On the other hand, according to the prosecutor, two security companies have documented that they provided services throughout 2007 in Spain to Borja Thyssen even if their mother paid for them.
He added that Borja Thyssen was the holder of a card with which he made throughout the year multiple expenses that prove his presence in Barcelona, Ibiza and Madrid and that ordinary expenses generated in Spanish territory, such as gas, were paid from his account. electricity and telephony
In this regard Borja Thyssen has commented: "My mother was a paranoid of security, especially after leaving our last names on the ETA lists and that is why she assigned me some escorts but I was not in charge of them." And he has assured that he was going to the family home of Ibiza during holiday periods but that it was not his usual residence and sporadically he moved to another one he had rented in Barcelona at the end of that year.
The prosecutor has requested in addition to two years in prison that Borja Thyssen be sentenced to a fine of 595,000 euros and compensate the Treasury in the amount allegedly defrauded
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