The new Treasury inquiries threaten to reopen the investigation into the king emeritus
The King Emeritus upon his arrival to meet with King Felipe VI, at the Palacio de la Zarzuela, on May 23, 2022, in Madrid (Spain).
The King Emeritus upon his arrival to meet with King Felipe VI, at the Palacio de la Zarzuela, on May 23, 2022, in Madrid (Spain).Jose Ruiz (Europa Press)

The Prosecutor’s Office does not rule out reopening the investigation into the emeritus king’s assets, filed last March, if new evidence of a crime is deduced from the “administrative checks” being carried out by the Tax Agency. Sources from the Public Ministry tell EL PAÍS that the Treasury has not yet notified them of the results of the checks it is carrying out regarding compliance with its tax obligations by Juan Carlos I, but they are waiting for the tax inspection to conclude to see if this warns of criminal signs and in such a case submit a report to the Prosecutor’s Office for investigation.

The Treasury initially approved the two tax regularizations carried out by the emeritus king: the first, in December 2020, worth 678,393 euros (for the use of opaque bank cards by Mexican businessman Allen Sanginés-Krause for family expenses); and the second, in February 2021, for 4.4 million (for flights in jet privately paid by the Zagatka foundation, owned by his distant cousin Álvaro de Orleans). Both statements were considered “spontaneous, truthful and complete”, because otherwise they would not have freed the king emeritus from being accused of a tax crime. However, the National Fraud Investigation Office (ONIF), dependent on the Tax Agency, kept its checks open. Throughout the last year, as advanced The world, The lawyer who represents the interests of the King Emeritus in Spain, Javier Sánchez-Junco, has received several requests for information on the expenses derived from his client’s participation in monterías and hunts from 2014, when he had already abdicated, and gifts received by businessmen, in case it could be compensation in kind required to pay taxes to the Treasury.

In one of its investigation files, the Prosecutor’s Office already warned that the Zagatka Foundation had paid in 2018 three shotguns for the king emeritus worth 102,000 euros, whose donation did not appear in the tax regularizations made by Juan’s lawyer Carlos I, but stressed that the amount allegedly defrauded (30,411 euros) did not reach the minimum to be considered a possible tax offense (120,000 euros). It also pointed out that, since it was information obtained in the framework of international judicial cooperation for its exclusive use in criminal proceedings, it could not be used for an administrative investigation such as that carried out by the Treasury. The sources consulted assure that the matters that the Treasury is still investigating are fringes of the main investigation, they refer to matters subject to legal interpretation (the obligation or not to declare certain gifts or invitations as donations when Juan Carlos I no longer held any position) and they do not reach the amount sufficient to integrate a fiscal crime. The problem, however, is that if it is shown that Juan Carlos I withheld from the Treasury income that he was required to declare, his two tax regularizations could be annulled, as they were incomplete, and he could be accused of the tax crimes of which he was exonerated precisely for having paid his debt to the Treasury. But that is a possibility that the Prosecutor’s Office does not consider until it receives the report from the Tax Agency.

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