Glossary entry

Spanish term or phrase:

El incremento patrimonial no justificado

English translation:

unexplained wealth, unexplained wealth increase

Added to glossary by Andre Dumoulin
Feb 6 15:32
3 mos ago
34 viewers *
Spanish term

El incremento patrimonial no justificado

Spanish to English Bus/Financial Law: Taxation & Customs Patrimonio
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.

Proposed translations

1 day 1 hr
Spanish term (edited): incremento patrimonial no justificado
Selected

unexplained wealth, unexplained wealth increase

Peer comment(s):

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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4 KudoZ points awarded for this answer. Comment: "The only one-term option here, the other being my suggestion to use "Net worth" instead of "wealth". Thank you! "
+1
1 hr

unsubstantiated wealth/estate (personal)/equity (business) increase

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.
Note from 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.
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 comment(s):

agree neilmac : I like "unsubstantiated"....
1 day 3 hrs
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-2
22 hrs

unjust (proprietary / asset-based) enrichment

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:

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

Note from asker:
I also disagree here. The concept is much broader.
Peer comment(s):

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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Reference comments

1 hr
Reference:

Refs. - IPNJ - incremento patrimonial no justificado

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?
Note from asker:
Thank you for these important references. The article is from a Costa Rican author.
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
Reference:

unaccounted-for/unexplained increase in assets

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...

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Note added at 2 hrs (2024-02-06 18:10:46 GMT)
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There are lots of possible translations in the Varying Terminology section here:
http://academic-accelerator.com/encyclopedia/illicit-enrichm...
Note from 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.
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:

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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