The tax evasion constitutes a form of tax avoidance whose purpose is the non-payment of taxes violating a criminal or administrative law in order to achieve illicit or fraudulent enrichment.
This tax evasion can be carried out by natural and legal persons using so-called “tax havens”, that is, transferring profits to these places, so that taxes are considerably reduced.
What are tax havens?
The tax havens They are territories where there is low or no taxation, such as the Republic of Panama, Anguilla, Bermuda or Fiji.
Some characteristics To recognize a tax haven they would be:
- Minimal or non-existent taxes.
- Lack of effective exchange of tax information with foreign tax authorities.
- Lack of transparency in the operation of legal or administrative processes, especially those related to the creation of companies.
Article 305 of the Penal Code establishes that the fraudster will be punished with imprisonment from two to six years and a fine of double to six times the aforementioned amount, unless they have regularized their tax situation
Measures against tax fraud
During the last decade, several measures aimed at the prevention, control and fight against tax fraud, such as the tax fraud prevention plan of 2005, its subsequent update in 2010 and the comprehensive plan for the prevention and correction of tax fraud, which includes 60 preventive measures.
He tax fraud and the fight against it have acquired a great role in Western societies seeking a new fiscal order, transparent and balanced for all its components.
It is for all of the above that the tax compliance plays a fundamental role in organizations, to control tax risks that may arise from possible non-compliance with tax regulations, regardless of their size and activity.
Not having measures to avoid tax fraud can bring negative consequences for the organization, because if it is charged with this crime, it will suffer a significant damage to its reputation.
Among the certifications in this area, there is UNE 19602, which offers guidelines for implementing a compliance system that minimizes tax risks and also facilitates transparency with the tax administration. The UNE 19602 Standard has the same high-level structure of all ISO management systems standards, and can be integrated into an audit together with UNE 19601 and UNE-ISO 37001.
If you are interested in training in regulatory compliance and data protection, we recommend the Master in Compliance and Data Protection Management of EIP.
