Former president José Luis Rodríguez Zapatero could face a fine of 200,000 euros and up to five years in prison if he cannot prove the origin of the jewels found in his office. However, sources from the Treasury indicate that if he demonstrates they were a gift from the King of Saudi Arabia in 2007, the case would expire.
Judge Calama has opened a separate investigation into the case of the jewels belonging to José Luis Rodríguez Zapatero, valued at 1.3 million euros, which were found by the police in his office. The former president faces a possible tax offence that could lead to up to five years in prison and a fine of 200,000 euros. However, sources from the Union of Technicians of the Ministry of Finance (Gestha) point out that there is a way for Zapatero to be exempt from responsibility: to prove that the jewels were a gift from the King of Saudi Arabia during his visit to Spain in 2007.
According to the general secretary of Gestha, José María Mollinedo, "if Zapatero can prove that the five most valuable pieces were given to him by the Saudi monarch, the offence would be time-barred, as more than five years have passed." The statute of limitations in these cases is five years from when the infringement occurred. If the former president manages to prove this, the case would be closed without criminal consequences.
The scenario if he fails to justify it
If Zapatero cannot prove the origin of the jewels, the Treasury could consider it an unjustified increase in wealth in the income tax, which would force him to pay 45% of the value of the pieces, amounting to about 585,000 euros. Additionally, if it were a gift or donation made after 2007, he would be liable for inheritance and donation tax, with a rate ranging from 8% to 34%. If the gift comes from a foreign leader, the rate would double, potentially exceeding 50% of the value of the jewels, resulting in a payment of over 650,000 euros.
Mollinedo believes that the most likely infringement is related to receiving jewels from third parties, which would fall under the donation tax and would be reviewed by the Community of Madrid. "If the jewels were a gift, the tax offence would have been committed in Madrid, and the Madrid Tax Agency would be responsible for investigating it," he explains.
Unlikely that there is a smuggling offence
The tax inspector José María Peláez stated in comments to COPE that it is unlikely that Zapatero committed a smuggling offence. "If the jewels were brought by the King of Saudi Arabia, the offence would have been committed by someone in his entourage for bringing them in without declaring them, but no airport checks a diplomatic suitcase," he claims. Mollinedo adds that "smuggling offences are prosecuted when someone is caught red-handed, but after years, it is very difficult to charge anyone."
The former president's lawyer, for his part, has opted to exercise his right not to testify, which further complicates the investigation. "If Zapatero doesn't speak, it is impossible for anyone to prove that he was the one who brought the jewels," Mollinedo asserts.
Obstacles in other offences
The ruling by Judge Calama, issued on June 12, opened the investigation to five possible offences, but Mollinedo estimates that several of them are unfeasible. "The offence related to the Inheritance Tax is impossible to commit, because both in Madrid and in Castilla y León (where Zapatero's family is from) it is discounted by 95%," he explains. It is also not credible, according to the tax technician, that the jewels were purchased between individuals, as "to commit a property transfer offence, a declaration would have to be made for each purchase, and it is almost impossible that this occurred."
Regarding VAT, jewels entering Spain from abroad are exempt if they are for personal use, so no offence is seen there either. Thus, the only avenue left open is that of the donation tax, which depends on whether Zapatero can prove that the jewels have been his for more than five years.
For the Madrid reader, the news has direct interest: if it is ultimately proven that the jewels were a gift, the investigation would fall under the Community of Madrid, which would be responsible for deciding if there was a tax infringement. Furthermore, the case highlights the 95% discount on the inheritance tax applied by the region, a tax benefit that has been the subject of political debate in recent years.
So far, the former president has not made any public statements about the case, and his defence remains silent. The investigation continues, and in the meantime, Zapatero could avoid prison if he manages to prove that the jewels are a gift from the Saudi king. If not, he will have to face a hefty bill and possible criminal prosecution.
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