Wed. Apr 24th, 2019

The shadow of the Messi doctrine

La sombra de la doctrina Messi

The tax advisors they complained yesterday that Estate is "supporting" the Supreme Court judgment against Leo Messi -In which the judges expressed their "strangeness" because neither the Prosecutor not even Advocacy
of the State would have signaled those who advised the soccer player- to increase the complaints against them for criminal responsibility in cases of fraud. "We are very worried. In our opinion, tax advisors are being denounced without sufficient basis ", declared the president of the Spanish Association of Tax Advisers (Aedaf).

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The treasury uses, assured Alemany, the touch of the Supreme's attention in 2017 for the absence among the defendants of the tax advisors of the FC Barcelona player, when they "reached an agreement to cooperate with justice and be exonerated". The Supreme Court ratified the player's sentence to 21 months in jail and a fine of two million euros for defrauding 4.1 million euros to the Treasury. The Messi doctrine raises that, in cases of fraud, tax advisors can achieve the criminal responsibility, mainly as participants, as presumed inducers, necessary cooperators or accomplices.

Only electronically

Aedaf criticizes that the Treasury abandons the paper for the processing of the rent

"The tax advisor fulfills his job of informing, who makes the decision is the client. We give some guidelines for the client to decide ", defended Alemany. Therefore, from the Aedaf, they demanded "a clear norm, a brave jurisprudence and a greater specialization in fiscal crimes of criminal judges". If the limits of responsibility are not clear, they concluded, the taxpayer's right to receive "good advice" is being curtailed.

During the annual day of Aedaf, held yesterday in Madrid, the tax advisers also showed their concern about the elimination of paper in any procedure related to the presentation of the income statement. A decision, said Javier Gómez Taboada, vocal responsible for study and research of Aedaf, which "leaves out" some 350,000 people. "Legally it was the administration that had the obligation to put at the service of the taxpayer technology to facilitate the communication; now, the right of the taxpayer has become a systematic obligation to use electronic means, "said Gómez Taboada.

In addition, Alemany sowed doubts about the obligation to have to make more efforts on the page of the Tax Agency, "which records each movement without guaranteeing the protection of these data, which are part of the right to privacy of taxpayers on their data assets "

Among the issues discussed at the conference, they also analyzed the impact of the transposition of the directive on fiscal intermediation that will force advisors to inform the Administration of operations "with an aggressive fiscal component". Above all, they highlighted, in Spain where, unlike other European countries, the professional secrecy of tax advisors is not regulated.

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