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Xabi Alonso is acquitted for the third time after refusing to agree with the Treasury

S. D.

Updated:02/07/2021 16:20h

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Xabi Alonso, your tax advisor Iván Zaldúa Azcuenaga and Ignacio Maestre Casanovas They were once again acquitted this Friday of a crime against the Public Treasury corresponding to fiscal year 2014 for eluding the treasury from paying 840,017.24 euros. It is the third time that the ex-footballer defeats the Treasury, Prosecutor’s Office and the State Attorney after refusing to reach an agreement.

Last february, the Economic Crimes area of ​​the Madrid Provincial Prosecutor’s Office filed a third complaint with the Court of Instruction number 52 of Madrid against Xabi Alonso, as well as against his tax advisor. The complaint had its origin in the report-complaint from the Madrid Delegation of the State Tax Administration Agency (AEAT) dated December 13, 2019. According to said report, on August 1, 2009 Xabier Alonso signed a contract whereby it “apparently” transferred the exploitation of its image rights to the Kardzali company, domiciled in Madeira, an entity that enjoyed tax exemption on the island until 2012 because it had been established before 2001.

Maestre was the administrator of the Kardzali society until 2014, the same as in other 23 companies in Madeira, while Zaldúa, always according to the Prosecutor’s Office, was the one who planned the denounced operation “knowing that the taxpayer was going to avoid paying the taxes that should be passed on to the income derived from the exploitation of the image of Xabier Alonso ». Thus, on August 5, 2009, the former player signed an employment contract with Real Madrid, at which time he transferred his residence to Madrid and therefore in the year 2.014 he had the status of tax resident in Spain and his tax address in Madrid , “With the corresponding tax obligations.”

On August 1, 2014, Alonso, “with the inspection procedure initiated”, renewed the assignment contract with Kardzali, although at the request of Zaldúa set a transfer price of 2,400,000 euros, an amount lower than that already agreed with Real Madrid and agreed annual payments of 480,000 euros, 240,000 in relation to 2014, which was recorded by the ex-footballer in his personal income tax return as return on movable capital. In turn, on August 28, 2014, he signed a contract with Kardzali to partially suspend the transfer of image rights in terms of collective rights as a result of his signing for Bayern Munich.

The prosecution’s accusation

«With the aim of obtaining an illicit tax benefit, the defendant filed the declarations and personal income tax for the year 2014 on time, consigned the 240,000 euros but without declaring any amount from the income obtained from the exploitation of his image rights because he used the corporate structure of Kardzali and an apparent transfer of image rights, an operation that, as we have anticipated, was designed in 2009 and continued in 2014 by the defendants, with the object of making profits fiscally opaque proceeding from the exploitation of the same and thus hide them from the Public Treasury, “explained the Prosecutor’s Office at the time.

The complaint stressed that Kardzali had been used by Xabi Alonso “as a mere instrument channeling income and payments without it having carried out any management in the exploitation of image rights “. The letter even recalled that Kardzali had lacked employees from the date of the transfer until 2012, “at which time, due to legal obligation, it hires a third person with a monthly salary of 70 euros.”

Likewise, in the opinion of the Prosecutor’s Office, the entity was “unnecessary” for the player to exploit the image rights as at the time of signing the contract I already had another signed with Adidas. Therefore, at the time of “apparently” assigning the exploitation of his image rights, Alonso had already guaranteed the amount of more than 6 million euros without Kardzali contributing anything to the player’s main contracts “except for the opacity of the returns to the Spanish Tax Agency ».

From Adidas during 2014 he received the gross amount of 319,500 euros and from Real Madrid 1,903,623, 90 euros. “As can be deduced from these figures, the income derived from the exploitation of image rights was already agreed upon when the contract of August 1, 2009 between the obligated Xabier Alonso and Kardzali was designed,” the complaint stated. today rejected.

Likewise, Kardzali had transferred since 2009 a total of 5,900,352, 54 euros which apparently responded to the debt of 5,000,000 euros contracted by Kardzali with Xabi Alonso for the acquisition of the image rights of the same, an amount that had been paid as the company channeled the income generated by the exploitation of the image rights that came from Real Madrid and from different advertising brands.

“That is,” insisted the Prosecutor’s Office, Xabier Alonso has received more money from the agreed, amounts coming in their entirety from the contracts that he already had signed or negotiated when he designed the contract of August 1, 2009. Therefore, said assignment was never real and was only sought by the defendants with the purpose of not paying the Treasury Public the taxes that had to be passed on in 2014 to the income generated by the exploitation of the image of Xabier Alonso ».

This Friday, for the third time, the ex-footballer, now coach of the Real Sociedad affiliate, defeats the Treasury, Prosecutor’s Office and the State Advocacy after refusing to reach an agreement.

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