Borja Thyssen and Blanca Cuesta face 3 years in prison for defrauding 336,000 euros from the Treasury

The Provincial Prosecutor of Madrid requests three years in prison and a fine of one million euros for Borja Thyssen and his wife Blanca Cuesta for allegedly defrauding the Treasury of 336,000 euros.

The trial will be held next Tuesday in the Criminal Courts of the capital. Specifically, the representative of the Public Ministry accuses them of having defrauded the public coffers of a total of 336,417.89 euros corresponding to the fiscal year of 2010.

The indictment recalls that on February 26, 2010, the transfer of the shares of Cas Capetó (of which Blanca Cuesta was the sole administrator) took place, by virtue of three public deeds of sale granted by each of the three participants. in said company.

The participants were Borja (owner of 50% of the shares), Blanca (owner of 40%) and the Caribean Breeze company (owner of 10%), in favor of many other Dutch companies: Princess Four BV, Hermosa Beach Holding BV and Martinez Investments BV.

House in Ibiza without staff or activity

The Prosecutor’s Office emphasizes that the assets of Cas Capetó consisted mainly of a house in Ibiza, which lacked hired personnel and without any economic activity, and that the total price paid for said operation amounted to 9,700,000 euros, which were paid into the bank account owned by Borja.

Of the total transferred, 4,197,345.63 euros corresponded to the sale of the shares owned by Borja; 3,357,881.78 euros corresponded to the sale of the shares owned by Blanca; 839,463.85 euros corresponded to the sale of the shares owned by Caribean Breeze and 1,305,308.81 euros came from the onerous assignment of a credit that Borja Thyssen-Bornemisza claimed to own against the company Cas Capetó.

Both defendants filed the IRPF declaration corresponding to the 2010 financial year in its joint tax modality, in which they declared a capital gain of 2,206,527.50 euros from the sale of the Cas Capetó shares when the real gain obtained by the accused with the sale of such shares amounted to 3,792,564.92 euros, “thus hiding the amount of 1,586,037.39 euros from the Public Treasury”.

And it is that, according to the Prosecutor’s Office, the capital gain that the defendants hid also comes from the sale of shares carried out through Caribean Breeze, which is actually a “simulated” operation.

Absence in the annual accounts

Borja (70% of the shares) and Blanca (30%) owned this company. Both were also listed as administrators without the existence of workers, operations with third parties being recorded in any database and without the Annual Accounts of any year being deposited in the Mercantile Registry.

In fact, they did not file a Corporate Tax return in any year, except in 2005, after the initiation of inspection proceedings.

This “inactive” company was filed by the defendants at the time of the acquisition of Cas Capetó’s shares carried out by virtue of a public deed dated December 14, 2005, simulating the acquisition of 10% of Cas’s shares. He caped for Caribbean Breeze.

Thus, while Borja formally acquired only 50% of them, Blanca took 40%. “The acquisition of the shares of Cas Capeto in the manner described constituted a simulated legal transaction, with the true transaction wanted by the parties being the acquisition by ABTB of 57% of the company Cas Capeto and by Blanca, the remaining 43%.

The sole purpose of filing the inactive legal person was to avoid the relationship of the true taxpayer with the taxable event,” adds the Prosecutor’s Office.

Neither of the two defendants paid it in their personal income tax return for the year 2010, “guided by an intention to obtain an illegal tax benefit” and, consequently, in the opinion of the Prosecutor’s Office, “it is appropriate to impute the capital gain obtained from the sale of the shares of Cas Capetó SL.”.

Likewise, the Prosecutor’s Office also emphasizes that the “onerous” transmission of 1,305,308.81 euros of Borja’s alleged credit against Cas Capetó is not justified and that said amount of money constitutes “actually a higher price for the sale of the shares from Cas Capeto.

illicit tax benefit

With the intention of obtaining an illegal tax benefit, the transfers made by Borja to the Cas Capetó accounts, recorded in the years 2005 to 2007 as “current account with partners” and since 2008 as “partner contributions” and “Borja Thyssen “, came to be considered as own funds and when the Cas Capetó shares were sold, they were considered as a “transmission of a credit”, although they actually constituted a fictitious liability, since it was really income that had as a purpose to benefit its partner through the use and enjoyment of the house owned by Cas Capetó and its consumption.

Thus, the current consumption inherent to the use and enjoyment of the home owned by Cas Capetó (which the defendants and their family enjoyed), the adaptation of the home, the acquisition of furniture or technical installations are recorded against these accounts, even the private security of the defendants and their children, or the acquisition of dietetic or “wellness” products were paid for with funds from the defendant that were posted against the “current account with partners” and “partner contributions” accounts.

In other words, Borja made transfers to Cas Capetó, but then received a series of goods and services that should have been taxed as compensation in kind (which he did not).

For all these reasons, “it cannot be accepted” that the amount of 1,305,308.71 euros constitutes a Borja credit against the company, but rather a higher price for the sale of the Cas Capetó shares.

“Taking into account the acquisition price of the company and the transfer price of the Cas Capetó company and the verified associated expenses, the capital gain obtained in the financial year 2010 not declared by the defendants amounts to 1,586,037.39 euros.

The amount defrauded in relation to said undeclared capital gain amounts to 336,417.89 euros,” concludes the Prosecutor’s Office.