Anonymous wrote:
Anonymous wrote: Shakira is a tax fraud. She'll most likely be found guilty and not do jail time if she ponies up the amount she owes . Her arrogance-driven insistence that she was a resident of the bahamas isn't helping matters, at all.Seriously, does she think the spanish tax authorities lack the capabilities to know whether or not she was a bona fide resident of the bahamas ? What a fraud .
The Spanish government has a lot levers it can pull than a state government in tax residency dispute. They will have access to both Spanish and EU passport systems. Private jet flight manifests that must be submitted to Spanish and European authorities. Access to cell phone metadata to determine location on certain dates
It seems to be her assertion that she was traveling so much during those years that she did establish Spanish residency. But, per the article, is is very easy to qualify for residency under Spanish law:
Spanish domestic tax law uses three criteria to consider if a person is a resident of a Spanish territory: physical presence, the center of economic interests and the location of a spouse and children. In Shakira’s case, the determination of presence is key, said Adolfo Martín Jiménez, a professor of tax law at the University of Cádiz and an international taxation expert at Pérez-Llorca, a law firm in Madrid.
“Even if you are not present for that many days, a sporadic presence is regarded as presence,” Mr. Jiménez said, adding that “there’s a tendency in Spain, within the tax administration, to consider if a person is not able to prove they are resident in another country, then there’s a presumption that they are doing something strange.”
Like in the United States, Spain applies a worldwide nexus to income. Fines like the one the Spanish tax authorities are pursuing — 23 million euros — are based on income, Mr. Jiménez said.
Unlike many states in the U.S., the Spanish definition of residency is not clearly defined by an explicit number of days presence. She will very likely settle for the full amount if she wants access to her Spanish child or to ever visit/do business in the country again.