presunta omisión

English translation: alleged omission

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase: presunta omisión
English translation:alleged omission
Entered by: Lydianette Soza

23:05 May 25, 2017
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / Resolution
Spanish term or phrase: presunta omisión
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).
Lydianette Soza
Belize
Local time: 19:08
alleged omission
Explanation:
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)

Selected response from:

Robert Carter
Mexico
Local time: 19:08
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +4alleged omission
Robert Carter
4 +1presumed omission
Polyglot7
4 -1rewrite it
philgoddard


Discussion entries: 5





  

Answers


25 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
presumed omission


Explanation:
presumed - assumed but writer of document has no foreknowledge
omission - items left out

Polyglot7
United States
Local time: 20:08
Native speaker of: English

Peer comments on this answer (and responses from the answerer)
agree  Jennifer Levey
7 mins
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33 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
alleged omission


Explanation:
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)



Robert Carter
Mexico
Local time: 19:08
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 558

Peer comments on this answer (and responses from the answerer)
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.
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
presunta omisión
rewrite it


Explanation:
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.

philgoddard
United States
Native speaker of: English
PRO pts in category: 489

Peer comments on this answer (and responses from the answerer)
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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