The Prosecutor's Office requests 24 years in prison and a 12 million euros fine for the ex-world motorcycling champion Alfonso "Sito" Pons, whom he accuses of defrauding 2.7 million euros from the Treasury among the years 2010 and 2014, simulating that he resided abroad and using companies based in tax havens.
In his accusation brief, presented before the investigative court number 8 in Barcelona investigating Pons, the public prosecutor's office accuses the pilot of having avoided paying the personal income tax and the estate tax.
According to the Public Ministry, it was Pons himself who, from the headquarters of his team in Castellbisbal (Barcelona), managed a network of companies that he used as instrumental companies to evade taxes based in tax havens or low tax countries such as the Isle of Man, the Virgin Islands, Jersey, Cyprus, the Netherlands or Malta.
The pilot, maintains the Prosecutor's Office, lived during 2010 and between 2012 and 2014 in Barcelona and carried out most of his professional activity in Spain through a team, Pons Racing that also managed from the Catalan capital.
The team had its headquarters in Castellbisbal where the workshops, vehicles and mechanical and administrative personnel who were part of its team were also located and where all the documentation of the activity was processed and kept, adds the Prosecutor's Office.
Pons alleges residence in Monaco and the United Kingdom
The former pilot claimed to reside in Monaco for one season and in another in London with rented apartments although the Prosecutor's Office maintains that consumption shows that it was a simulation in order to evade taxes.
Pons' lawyers have responded to the Prosecutor's Office, insisting on the residence of his client: "The prosecution made against our client is based on the erroneous assumption that Mr. Pons would not have actually resided in the Principality of Monaco until 2012, nor in the UK afterwards," he says. the statement signed by the three law firms representing the Catalan athlete: Molins, Picaza Legal and Cuatrecasas.
The text adds that Pons actually resided in those countries in the period of time in that the prosecutor a believes that he evaded taxes -from 2010 to 2014-, and that this fact is credited by "the certificates issued for this purpose by the authorities of the respective countries".
" Since 2012, Mr Pons has paid his taxes in the United Kingdom adjusting to the legislation of that country, in which he has his habitual residence and the center of his economic interests ", argues the defense of Pons.
On the other hand, the athlete's defense has revealed that an international tax procedure has been in place for some time between the British and the Spanish tax agency that has the purpose of clarifying where Pons must pay their taxes and avoiding the so-called "double taxation ". In this sense, it requires that the Office of the Prosecutor must paralyze its actions until it is resolved.
Six crimes of tax fraud
The actual net asset value of the Spanish companies controlled by the accused, the indictment maintains, was 9, 1 million in 2010, 18 million in 2012, 17.6 million in 2013 and 16.2 million in fiscal year 2014.
Specifically, the Prosecutor's Office accuses the pilot of having defrauded the public treasury by way of IRFP a total of 444,160 euros in fiscal year 2010, others 801,708 in 2013 and 864961 in 2014, while estate tax would have eluded 321258 in 2012, 178006 in 2013 and 173625 in 2014.
For this reason, he is accused of six crimes against the Public Treasury -with the aggravating circumstance of intervening companies, in some one of them – and requests that he be ordered to return to the Tax Agency the amounts allegedly evaded.
For each of the six crimes of tax fraud that he is accused of, the Prosecutor's Office requests the payment of fines. which add up to a total of 12,450,220 euros.
Pons appeared on the list of defaulters published regularly by the Treasury -people who owe more than a million euros – in June 2019, although 1.95 million of debt were then attributed to it.