El incremento patrimonial no justificado

English translation: unexplained wealth, unexplained wealth increase

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:El incremento patrimonial no justificado
English translation:unexplained wealth, unexplained wealth increase
Entered by: Andre Dumoulin

15:32 Feb 6, 2024
Spanish to English translations [PRO]
Bus/Financial - Law: Taxation & Customs / Patrimonio
Spanish term or phrase: El incremento patrimonial no justificado
El incremento patrimonial no justificado como instrumento para gravar el patrimonio oculto.
It is the topic of an article I am currently translating.

The point is, there are 15 possible translations in English of the term "Patrimonio" in Spanish, so I am inclined here to translate "The unjustified increase in net worth as an instrument for taxing hidden assets".

I submit this for your opinions.
Andre Dumoulin
Panama
Local time: 10:43
unexplained wealth, unexplained wealth increase
Explanation:
Two references:

https://www.gov.uk/government/publications/economic-crime-tr...

https://iate.europa.eu/search/standard/result/1604673959961/...
Selected response from:

Carlos Segura
United Kingdom
Local time: 17:43
Grading comment
The only one-term option here, the other being my suggestion to use "Net worth" instead of "wealth". Thank you!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1unsubstantiated wealth/estate (personal)/equity (business) increase
apdwhelan
3unexplained wealth, unexplained wealth increase
Carlos Segura
4 -2unjust (proprietary / asset-based) enrichment
Adrian MM.
Summary of reference entries provided
Refs. - IPNJ - incremento patrimonial no justificado
Taña Dalglish
unaccounted-for/unexplained increase in assets
philgoddard

  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
unsubstantiated wealth/estate (personal)/equity (business) increase


Explanation:
The use of equity would be more appropriate for a business or legal personal, while wealth/estate is more relevant for an individual in terms of tax returns.

apdwhelan
Native speaker of: Native in EnglishEnglish
Notes to answerer
Asker: Thank you. And there is a legal concept in some Latin american tax laws: IPNJ: Incremento patrimonial no justificado. I am struggling with finding an equivalent to this acronym.

Asker: Unsubstantiated, yes but I think we need to avoid having 3 or 4 terms for "aumento de patrimonio". increase in wealth, assets, equity, estate, capital gain...and why not just "patrimonial increase"?


Peer comments on this answer (and responses from the answerer)
agree  neilmac: I like "unsubstantiated"....
1 day 3 hrs
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22 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -2
el incremento patrimonial no justificado
unjust (proprietary / asset-based) enrichment


Explanation:
Rebecca J.'s 5 CL-answer of 'unjust enrichment' is IMO the way to go.

El incremento patrimonial no justificado como instrumento para gravar el patrimonio oculto : 'unjust (proprietary) enrichment used as an instrument for taxing (hitting on) concealed assets'.

Proprietary (as well as 'equity' or 'asset-based' rather than net worth) arguably reflects the 'patrimonial' element and is predicated on the concept of 'proprietary restitution' - see the second W. Swadling weblink: 'Policy arguments for proprietary restitution'.

In England & Wales, Canada and many other English Common Law jurisdictions, filtering as well as trickling down to - or cross-fertilizing with - Roman Civil-Law countries like Spain and Germany, it is a developing area of law that, as some of us will know, has been spawned out of other areas of law, notably the Law of Restitution and at the intersection of what used to be known as quasi-contract, Equity, tort and crime.

Such is an area of keen interest shown by my ex-London Uni. Equity Law Lecturer, William 'Bill' Swadling and the late Prof. Peter Birks of Oxford Uni. in harmony with Contract Law supremo: Prof. Andrew Burrows QC.

Example sentence(s):
  • Work by the late Professor Peter Birks and Professor Andrew Burrows QC, Professor of the Law of England at the University of Oxford, has been influential in the development of a new branch of English private law: the law of unjust enrichment. The law of
  • In broad terms, a claimant who asserts a claim for unjust enrichment must establish three elements: the defendant has been enriched or has received a benefit; the defendant's enrichment is unjust; & defendant's enrichment was at the claimant's expens

    Reference: http://www.proz.com/kudoz/spanish-to-english/law-taxation-cu...
    Reference: http://onlinelibrary.wiley.com/doi/abs/10.1111/j.1748-121X.2...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 72
Notes to answerer
Asker: I also disagree here. The concept is much broader.


Peer comments on this answer (and responses from the answerer)
disagree  philgoddard: It means unexplained, not unjust or unjustified.
44 mins

disagree  AllegroTrans: You are so focussed on "unjust enrichment" that you have completely missed the point
2 days 1 hr
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1 day 1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
incremento patrimonial no justificado
unexplained wealth, unexplained wealth increase


Explanation:
Two references:

https://www.gov.uk/government/publications/economic-crime-tr...

https://iate.europa.eu/search/standard/result/1604673959961/...


Carlos Segura
United Kingdom
Local time: 17:43
Native speaker of: Native in SpanishSpanish, Native in EnglishEnglish
PRO pts in category: 8
Grading comment
The only one-term option here, the other being my suggestion to use "Net worth" instead of "wealth". Thank you!

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: Phil has already posted refs to what is effectively the same answer
3 days 5 hrs
  -> But he didn't post an answer.
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Reference comments


1 hr
Reference: Refs. - IPNJ - incremento patrimonial no justificado

Reference information:
IPNJ > incremento patrimonial no justificado > unjustified capital gain(s). There are probably more than one rendering, but perhaps this may help.


Policía Nacional de Colombia
https://revistacriminalidad.policia.gov.co:8000/index.php/re...
Abstract
The determination of asset imbalances in criminal proceedings in Peru
Tax rules for determining ***unjustified capital gains (IPNJ)*** in Peru
Methods of proof and assessment of evidence in taxation, criminal and civil proceedings


Informe jurídico sobre la Resolución del Tribunal Fiscal ...
Repositorio PUCP
https://repositorio.pucp.edu.pe/index/handle/123456789/18599...
Para la evaluación de dicho supuesto, se realiza una evaluación de la calidad de tipo de contribuyente (si tributaba como sociedad conyugal o a título personal) y la condición de domicilio que ostentaba el recurrente del caso en el ejercicio acotado. Posteriormente, se realiza una evaluación de la aplicación de la figura de presunción de renta legal del ***incremento patrimonial no justificado*** a la luz de los criterios de vinculación de la renta en el Perú.

In order to evaluate this case, an evaluation is made of the type of taxpayer (whether the taxpayer was taxed as a marital partnership or as an individual) and the domicile of the appellant in the fiscal year in question. Subsequently, an evaluation is made of the application of the figure of presumption of legal income of the **unjustified capital gain** considering the criteria of income taxation in Peru.

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Note added at 1 hr (2024-02-06 17:18:55 GMT)
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https://www.proz.com/kudoz/spanish-to-english/law-taxation-c...
Phil has raised a question regarding the use of "unjustified" or whether another term "unaccounted for" would better express the idea. I don't know with 100% certainty which term would be most appropriate, and you may need to consider your source document. Is this from Perú or Argentina, or other country?

Taña Dalglish
Jamaica
Native speaker of: English
PRO pts in category: 82
Note to reference poster
Asker: Thank you for these important references. The article is from a Costa Rican author.

Asker: But this is for an international tax review, so we have to provide an equivalent English version not limited to a specific national tax law.

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1 hr peer agreement (net): +3
Reference: unaccounted-for/unexplained increase in assets

Reference information:
We've had this before, but I believe the wrong answer was chosen - it doesn't mean 'unjustified'.
Please remember to check that your question hasn't already been asked.
http://www.proz.com/kudoz/spanish-to-english/law-taxation-cu...

--------------------------------------------------
Note added at 2 hrs (2024-02-06 18:10:46 GMT)
--------------------------------------------------

There are lots of possible translations in the Varying Terminology section here:
http://academic-accelerator.com/encyclopedia/illicit-enrichm...

philgoddard
United States
Native speaker of: English
PRO pts in category: 63
Note to reference poster
Asker: Yes, and now...why not just "patrimonial increase"? I am trying to avoid to have to choose between the corporate wealth and private wealth terminologies.

Asker: This reference seems to be still the best answer, but it does not appear as an option, here. I consider this as the best choice.


Peer comments on this reference comment (and responses from the reference poster)
agree  AllegroTrans
36 mins
agree  Luis M. Sosa
22 hrs
agree  Andrew Bramhall
1 day 12 hrs
agree  Robert Carter
1 day 18 hrs
disagree  apdwhelan: patrimonial is a false friend here, it would only do for an inheritance and even then estate would be better as per last testaments and wills
2 days 23 hrs
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