Glossary entry

Spanish term or phrase:

presunta omisión

English translation:

alleged omission

Added to glossary by Lydianette Soza
May 25, 2017 23:05
6 yrs ago
2 viewers *
Spanish term

presunta omisión

Spanish to English Law/Patents Law: Contract(s) Resolution
Otro extracto del mismo documento:

Consultado la Obligación financiera a la fecha la sociedad se encuentra al día con sus obligaciones fiscales, cumplió con la presentación de declaraciones de renta año 2005 -2015, Retención en la fuente desde 2005 al 2015; No es posible determinar la presunta omisión en aquellos periodos en que no figuren declaraciones, por cuanto no se tienen pruebas que lo obliguen a declarar por los periodos en los cuales no se hayan realizado operaciones (Art. 20 y 22 Pr. 2do Ley 1430 de 2010.

My try:

Upon consulting its financial obligation, to date the organization is in good standing in relation to its tax obligations. It filed its 2005 -2015 income tax returns on time. It also filed [and submitted] its withholding at source forms during the 2005 -2015 period. It was not possible to determine the alleged carelessness for those [accounting] periods not included in the tax returns, inasmuch as there is not any evidence that compels it to declare during the [accounting] periods in which no transactions were made (Art. 20 and Art. 22 second paragraph, Law 1430 issued in 2010).

Discussion

Robert Carter May 26, 2017:
@Phil I agree with you that it should be expressed in clear, simple English. However, that statement neatly fails to address any of the points I made.
philgoddard May 26, 2017:
I know a lot of people believe that legal texts are sacrosanct, and if they're verbose or jargon ridden in the source language, then the translation should be too. But the point this text is making is a simple one, and I believe it should be expressed in clear, simple English. Spanish, especially the legal variety, often takes a lot of words to express basic ideas.
Robert Carter May 26, 2017:
@Phil If you don't know the context, how can you say it's waffle? The ST specifically does not say there were "no omissions", it says they did not find the "alleged omission". As the saying goes, absence of evidence is not evidence of absence. The translation you offer could be considered biased as it makes assumptions that do not exist in the ST.

In addition, there are considerations here such as retaining certain key words in the text to emulate the cited sections of statute law that are relevant to the point in question.
Sandro Tomasi May 26, 2017:
Phil, Let me explain what I mean by conceptually accurate, but lacks a lot of the linguistic elements found in the ST by way of example.

WORDED LIKE A FACTUAL FINDING or REPORT:
No es posible determinar la presunta omisión en aquellos periodos en que no figuren declaraciones, por cuanto no se tienen pruebas que lo obliguen a declarar por los periodos en los cuales no se hayan realizado operaciones.

WORDED LIKE A CONCLUSION OF LAW:
The company did not omit to file returns during the periods concerned. It was not required to do so, since it was not trading.
Jennifer Levey May 25, 2017:
@Asker "determine" is not a good translation of "determinar" in this text.

No es posible determinar la presunta omisión en ...
-->
It cannot be established that the presumed omission ... occurred with respect to ...

Proposed translations

+4
33 mins
Selected

alleged omission

You are right about "alleged" because this appears to be a charge against the party concerned, but the legal term would be "omission" rather than carelessness, in that it is considered a neglect of duty.

Omission (law)
An omission is a failure to act, which generally attracts different legal consequences from positive conduct. In the criminal law, an omission will constitute an actus reus and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. In tort law, similarly, liability will be imposed for an omission only exceptionally, when it can be established that the defendant was under a duty to act.

https://en.wikipedia.org/wiki/Omission_(law)

Peer comment(s):

agree Gabriela Alvarez
3 mins
Thanks, Gaby.
agree JohnMcDove
45 mins
Gracias, John.
agree Maru Villanueva
1 hr
Thanks, Maru.
agree Sandro Tomasi
14 hrs
Thanks, Sandro.
Something went wrong...
4 KudoZ points awarded for this answer.
+1
25 mins

presumed omission

presumed - assumed but writer of document has no foreknowledge
omission - items left out
Peer comment(s):

agree Jennifer Levey
7 mins
Something went wrong...
-1
5 hrs
Spanish term (edited): presunta omisión

rewrite it

I think the two previous answers are too literal, and the long, wordy sentence can be expressed much more simply and concisely in English. This may need tweaking depending on the wider context, which we don't have, but I suggest:

The company did not omit to file returns during the periods concerned. It was not required to do so, since it was not trading.
Peer comment(s):

disagree Sandro Tomasi : Sorry, Phil, but I have to disagree here. The translation, though conceptually accurate, lacks a lot of the linguistic elements found in the ST.
9 hrs
If by "linguistic elements" you mean waffle, I agree. I don't see how you can say my translation is "conceptually accurate" but disagree with it.
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