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					Moeny laundering in Spanish taxes




                                                                                                                                                                                            Covadonga Mallada
                                                                                                                                                                                            University of Oviedo
                                                                        Money laundering
                                                                                                                                      Preventive legislation in Europe and in Spain
                               Why we study money laundering:                                                                         In Europe, the most recent is the Directive 2005/60/EC.
                                                                                                                                      In Spanish Law: Law 19/1993 of 28 December 1993 on specific measures for the prevention of money
                                In the last years it has become very important for several reasons.                                   laundering (which transposes the Directive) and its implementing regulations approved by Royal Decree
                                First, the use of new technologies, for instance, the use of Internet or the on-line bank for         925/1995 of 9 June 1995 updated by the Law 19/2003 and Royal decree 54/2005 of July 5.
                                committing this type of crimes; secondly, the tax haven has been very important in the growth of
                                money laundering, thirdly the international character of the financial markets nowadays allows the
                                money launderer to commit this type of crimes in other countries, so it is very difficult to arrest   The preventive legislation in Spain (law 19/1993) brings several problems:
                                them and mainly, that money laundering is a crime that do not have a uniformity in his concept.
                                Moreover, money launderer can break the principles under the tax lax (article 31 spanish
                                Constitution: “Spanish muss contribute to sustain public expenditure according to their economic      -Exchanges of information between SEPBLAC (the fiscal unit information of Spain) and Tax
                                capacity, through a fair tax system based on the principles of equality and progressiveness that in   Administration. SEPBLAC investigates crimes and Tax Administration investigates administrative infractions.
                                no case shall be confiscatory scope”).                                                                A tax payer who is being inspected by one tax inspector can be sanctioned because the SEPBLAC has
                                                                                                                                      information about him. But the SEPBLAC was created to prevent money laundering not for regularized the
                                                                                                                                      situation of the tax payer, so this can causes legal uncertainty
                               What is money laundering?

                               Money laundering is the process by which large amounts of illegally obtained money (from               -The restriction of attorney / client privilege of lawyers and tax advisors. The             preventive legislation
                               drug trafficking, terrorist activity or other crimes, tax evasion….) is given the appearance of
                                                                                                                                      establishes obligations of information and cooperation with the Administration that can collide with the
                               having originated from a legitimate source.
                                                                                                                                      attorney/client privilege of lawyers, and in some cases with the attorney/client privilege of tax advisors, because
                                                                                                                                      they should inform SEPBLAC of suspicious operations of their clients.
                            Concept.-
                          Legal concept: There is no uniformity in the concept of money laundering given by the different
                          legal systems:                                                                                              Money laundering in Spanish taxes
                          -Problems when the process of money laundering is made in different countries.                              -income tax: The concept of income in this tax is not so open as in corporate tax. There relation
                          -There is no International Penal Law                                                                        between the profit not justified and the black money and grey money in the article 39: “Shall be
                          -Different concept in punitive law and in preventive law                                                    considered profits not justified, goods and rights whose possession or acquisition statement does not
                                                                                                                                      match with the income declared by the tax payer and the inclusion of debt absent any declaration by this
                          Doctrine concept: black money (not declare to public funds) and grey money (money that comes                tax or register in the books.
                          from crimes).
                                                                                                                                      -corporate tax: increase of wealth not justified. In the spanish corporate tax, the concept of income is
                              Which is the relation between money laundering and tax evasion?                                         open. In the article 4 of the corporate tax is said that the taxable event is the collection of income by the
                                                                                                                                      taxpayer, whatever is their source or origin. So the concept is so open that profits that come from
                         Although they are different procedures, they share the same skills of concealment, and they can be           money laundering in some cases could have place here.
                         commited across the tax haven.

                         Moreover, tax evasion can be the previous crime of money laundering which has cause disagreement
                         in the doctrine.

				
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posted:8/23/2011
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