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Tax fraud and document falsification: legal implications and consequences

Tax crimes and legal consequences

Isabel Díaz Ayuso’s partner, Alberto González Amador, faces accusations of tax fraud and document falsification by the Madrid Prosecutor’s Office. He is credited with evading the payment of 350,951 euros to the Treasury through a network of false invoices and front companies, with the aim of reducing tax payments due to the significant increase in the turnover of one of his companies during the pandemic.

The Prosecutor’s Office considers that González Amador would have committed two tax crimes related to Corporate Tax in the years 2020 and 2021, punishable by sentences of one to five years in prison, in addition to fines that could reach two million euros. The amount defrauded exceeded 120,000 euros, which constitutes fraud against the Treasury.

In similar cases, fines for tax crimes may be reduced, but falsifying invoices also carries additional jail terms and fines, increasing the legal implications for the defendant.

Invoice falsification and its implications

The Prosecutor’s Office indicates that González Amador would have used up to 15 false invoices to deduct non-existent expenses and services, in order to reduce the tax bill. Although some invoices were for small amounts, two of them totaled more than one and a half million euros. The crime of falsifying documents carries prison sentences of between six months and three years, in addition to significant fines.

Justice usually punishes the crime against the Public Treasury in competition with the falsification of invoices, which results in lesser sentences than if they were judged separately. In previous cases, prison sentences and fines were imposed on both those responsible and the companies collaborating in the preparation of false invoices.

When the falsification of invoices is essential to commit tax fraud, the crimes are attributed in competition, which can result in lesser prison sentences but that do not exceed the theoretical sum of the two crimes.

These legal implications and judicial consequences demonstrate the seriousness of tax crimes and document falsification, as well as the importance of complying with tax obligations in a complete and legal manner.