Tax
Spanish Tax Authorities Settle Fraud Case With Portuguese Footballer

The Spanish authorities have finally settled with a Portuguese footballer surrounding a fraud case.
Spain's tax office has accepted a deal with Cristiano Ronaldo to
plead guilty to tax fraud and pay a fine of close to €19million
($22 million) in exchange for a reduced prison sentence that will
likely be suspended.
In Spain, a judge can suspend sentences for two years or less for
first-time offenders.
Ronaldo had already reached a tentative deal with the state
prosecutor's office, as
reported by this publication, but Spain's tax authorities had
yet to sign off on the agreement.
This publication
reported on the accusation in June last year.
"It appears Cristiano Ronaldo set up and owns, either directly or
via a trust or foundation, a British Virgin Islands (BVI)
company. Ronaldo has then sold and/or assigned his image rights
to [the] said BVI company, prior to becoming resident in Spain,”
said Miles Dean, managing partner at Milestone International Tax.
"This BVI company licenses the image rights to Multisports Image
Management (MIM), an Irish company subject to Irish corporation
tax. Ronaldo doesn’t own or control MIM – it is an unrelated
third party licensing company that exploits the image rights.
There are two key reasons that Ireland was used. Firstly, it has
an extensive double tax treaty network that allows royalties to
be paid subject to reduced rates of withholding tax."
Dean added: "Secondly, under domestic Irish law most royalty
payments are not liable to Irish withholding tax – even though
the BVI company doesn’t benefit from a double-taxation agreement
with Ireland, MIM can pay most of its income out to the BVI
company without having to deduct Irish withholding tax. Ronaldo
claimed the benefits of the Beckham law, which exempts
non-Spanish source income for a period of six years. If the
BVI/Irish structure actually had non-Spanish source income then
Ronaldo has been stitched up. However, if MIM received Spanish
source royalties, Ronaldo is bang to rights and should sue his
advisors."
WealthBriefing has regularly reported on the image
rights' tax avoidance crackdown in Spain surrounding a host of
big names in the world of football, including Lionel Messi. Most
recently, in March, this publication reported
that former Liverpool and Real Madrid footballer, Xabi Alonso, is
facing a possible five-year jail term after Spanish authorities
accused him of tax fraud. This week, WealthBriefing also
reported HMRC's crackdown on footballers' tax avoidance
schemes.
The profusion of cases against sports, media and entertainment stars in recent years raises questions about the duty of care that wealth managers and others owe to their clients, particularly when they are young and do not qualify under many regulatory rules as 'sophisticated' investors.