Finance

Agnelli inheritance, 74.8 million seizure for tax fraud from the Elkann brothers. The defence: 'Reconstructions not acceptable'.

The Turin Public Prosecutor's Office issues the order against John, Lapo and Ginevra. Memorandum found to evade tax: Irpef evaded for 42.8 mln

by Ivan Cimmarusti

 Lapo Elkann, Ginevra Elkann e John Elkann, destinatari del sequestro da oltre 74 milioni da parte della Procura di Torino per frode fiscale sull’eredità Agnelli

3' min read

3' min read

The investigation into the Agnelli family inheritance takes a step forward. The prosecutors of Turin have ordered the seizure of EUR 74.8 million (including movable and immovable property) from the Elkan brothers John, Lapo and Ginevra, the accountant Gianluca Ferrero and the Swiss notary Urs Robert Von Grunigen.
The Turin prosecutors are accusing the suspects of fraudulent declaration and aggravated fraud to the detriment of the State.

Inheritance

The operation was concluded by the Nucleo di polizia economico finanziario of the Guardia di finanza of Turin, which reconstructed the Elkanns' financial flows linked to the events of the inheritance of Marella Caracciolo and the related family disputes between Margherita Agnelli and her children John, Lapo and Ginevra (respectively daughter and grandchildren of de cuius).

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According to the Guardia di Finanza, a considerable amount of accounting and non-accounting documentation - including computer records - has been identified, which, at this stage, has confirmed the accusatory hypothesis, already the subject of the original complaint from which the investigation arose, regarding Marella Caracciolo's fictitious foreign residence and the existence of a criminal plan aimed at evading her considerable assets and related income from Italian inheritance and tax laws.

The Memorandum

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In a memorandum found during the search, the steps to be taken to support Caracciolo's fictitious Swiss residence were spelled out in detail. Evidence also came from the statements made by the woman's collaborators. On the basis of the investigation, the Guardia di Finanza quantified the income earned by Caracciolo and not declared to the Italian tax authorities, as well as the assets to be subjected to inheritance and gift tax.

Irpef and inheritance and gift taxes

In terms of income tax, evaded IRPEF (proceeds of the crime of tax fraud) totalling approximately EUR 42.8 million was quantified, resulting from the tax evasion of a life annuity received by Caracciolo (amounting - in the years from 2015 to 2019 - to over EUR 29 million) and capital income (amounting to approximately EUR 116.7 million) from financial assets held by trusts based in the Bahamas.

With regard to inheritance and gift taxes, evaded taxes of more than 32 million were calculated on a reconstructed estate of more than 800 million. These are assets listed in the inventory of the estate drawn up by the Swiss notary. In particular, these are shares in a Luxembourg investment fund, the post mortem distribution among heirs of works of art and jewellery of considerable value and assets of a Luxembourg real estate company.

The defence

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According to the Elkann brothers' lawyers, 'the seizure carried out in these days is a procedural step that does not entail any ascertainment of responsibility of our defendants, as, moreover, specified in the same statement of the Public Prosecutor's Office. Moreover, in our opinion, the seizure does not meet the legal requirements for its issuance because, among other things, there has never been any risk of dispersion of the suspects' assets. On the merits, we reiterate that Marella Caracciolo had been resident in Switzerland since the early 1970s, well before the Elkann brothers were born. The will to reside in Switzerland has never failed throughout her life. Therefore, the factual circumstances as reconstructed by the Public Prosecutor's Office are not acceptable and we remain convinced that we can prove that our defendants have nothing to do with the facts charged".

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  • Ivan Cimmarustigiornalista

    Luogo: Roma

    Lingue parlate: Italiano, inglese

    Argomenti: Sicurezza, giudiziaria, inchieste, giustizia tributaria

    Premi: Nel 2011 tra i vincitori del Premio Internazionale Antimafia Livatino-Saetta

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