Tax fraud Mourinho pleads guilty and will pay 800,000 euros to the Treasury
The Contentious-Administrative Chamber of the National Court has annulled a tax sanction of 571,073.28 euros to the Portuguese coach
José Mourinho
linked to his signing with Real Madrid.
It concludes that the "guilt" of the coach has not been duly proven by channeling the payments to his representative,
Jorge Mendes
, through the white club, and launches a severe reproach to the Treasury for using, among others, "blatantly erroneous" arguments .
The Fourth Section, chaired by Judge
María Asunción Salvo
, has analyzed the appeal filed by the Portuguese, assisted by the prosecutor
Manuel de Vicente Tutor
, from the Economic Team.
This has discussed one of the inspections to which Mou was subjected in relation to personal income tax that included the years 2010, 2011 and 2012. The action that analyzes this sentence deals specifically with a liquidation that was carried out by administrative means, which amounted to 1,452,441 euros for fraud, penalties and interest, finally lowered.
The court declares that one of the inspected exercises, 2010, has expired, arguing that the criteria used by the Administration to support the validity of its action are "blatantly erroneous, contradictory and lacking in motivation."
But the "bottom of the matter", as the ruling points out, lies in the payment made by Real Madrid to the Gestifute company, owned by Mourinho's agent.
An entity "dedicated to intermediation between athletes and soccer clubs" and that received, in the opinion of the Treasury, "an income obtained" by the coach and that he "should have integrated it into his liquidation."
The sentence considers that "the regulations are clear and emphatic", and the payment to the agent should have been carried out by the coach himself
.
In this case, the ruling specifies, "Mendes' remuneration has been paid by Real Madrid, which has meant a lower amount of his work income for the coach."
"If it had been done correctly, he would have been more taxed."
For this reason, he considers that
"there is concealment" by Mourinho "of data from the Treasury in the personal income tax returns for the period 2010-2011"
.
three seasons
Mourinho signed for Real Madrid on May 31, 2010 and on May 19, 2013 he signed his settlement.
In this way, in the section of the payment carried out by Real Madrid to Mendes, the court agrees with the Tax Agency.
However, it is also removed in the third of the issues to be addressed: the sanction.
The Court makes it clear that "in order to impose the sanction, it is not enough to indicate the applicable rule and the percentage of the sanction, since guilt, as the Supreme Court has pointed out, must be proven and not merely suggested."
"Without being enough to sanction, therefore, the mere breach of tax obligations," he adds.
Therefore, "a specific motivation regarding guilt or negligence and the evidence from which it is inferred is essential."
For all these reasons, and in a very unusual way,
the Chamber agrees again with a star from the world of football against the Treasury.
Although he maintains that he incurred in fraud, he considerably reduces the amount to be paid, which finally amounts to 400,000 euros.
All this after declaring prescribed one of the investigated exercises and annulling the sanction that was imposed.
The one described is just one of the actions launched by the Treasury against Mourinho, who ended up accepting a one-year prison sentence through criminal channels and the commission of two tax crimes that involved a fraud of 3.3 million euros.
The technician, assisted in this process by the lawyer
José Antonio Choclán
, admitted having hidden his income from image rights through a company based in the British Virgin Islands called Koper Services, SA
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