The Superior Court of Justice of Madrid has confirmed the second sentence that acquitted the former footballer and current coach of the Real Sociedad de San Sebastián affiliate team Xabi Alonso after being accused of defrauding the Treasury of almost two million euros during the years 2010, 2011 and 2012.
The judicial journey of his case has been long: the Provincial Court of Madrid acquitted him, but the Supreme Court of Madrid ordered a repeat of the trial; the Court acquitted him again and, after appealing again to the Public Prosecutor’s Office and the State Attorney, on this occasion the court ratified the acquittal.
Alonso, who started his career at Real Sociedad and later went through Liverpool, the Real Madrid and Bayern Munich, was tax resident in Spain and paid income tax in the 2010, 2011 and 2012 financial years, but it did not declare the returns obtained from the exploitation of its image rights because it had transferred its exploitation to a company based in Madeira (Portugal).
In a sentence to which Efe has had access, the Supreme Court maintains that the facts indicted may fit into the figure of law fraud, but there is no simulation, because the taxable event recorded – the exploitation of the image rights by cession of the owner – actually took place and the reality was not falsified.
Alonso, according to the Court, toctuó “in the belief that this procedure was in accordance with the law.”
This is how the Hearing ProvinceHe, who pointed out that “if the transfer of the player’s rights to Kardzali (the Madeira company) was real and this entity made an active intervention in its exploitation, the accusing claims decline.”
In addition, he noted, “It is not about opaque, hidden, falsified or excluded income by the taxpayer from the knowledge of the Tax Agency.”