The Federal Police opens an investigation to probe possible tax crimes by Corinthians
O Corinthians The club is under investigation by the Federal Police, which suspects possible tax crimes committed by the club, such as the possible evasion of taxes. Authorities have instituted an inquiry to investigate the alleged offenses during the period between the end of 2023 and 2024.
Tax evasion is the illegal practice of concealing, falsifying, or manipulating tax information with the aim of reducing or completely avoiding the payment of taxes to the government.
The information was initially disclosed by ge .
A Sports Gazette It turned out that fines and unpaid taxes by Corinthians have become an active debt of the club to the Union. This fact alerted the authorities and led the Federal Police to initiate the investigation.
The amount involved in the possible crimes is still kept confidential. However, the investigation learned that Corinthians is treated as a "major debtor" in the inquiry, an indication that the tax values are high.
The investigation was opened by the Federal Police on April 30th at the request of the Public Prosecutor's Office. The agency suspects that the crimes listed in articles 1 and 2 of Law 8,137/90 may have been committed by Corinthians. See below what the articles the club is being investigated under say:
“ Article 1. It constitutes a crime against the tax order to eliminate or reduce taxes, or social contributions, and any accessories, through the following actions: (See Law No. 9,964, of April 10, 2000)
I - omit information, or make false declarations to tax authorities;
II - defraud the tax inspection by inserting inaccurate elements, or omitting any nature of operation, in a document or book required by fiscal law;
III - forge or alter an invoice, bill, promissory note, sales slip, or any other document related to a taxable operation;
IV - to prepare, distribute, provide, issue, or use a document that one knows or should know is false or inaccurate;
V - to deny or fail to provide, when mandatory, a tax invoice or equivalent document related to an effectively performed sale of goods or service provision, or to provide it in disagreement with legislation.
Imprisonment for 2 (two) to 5 (five) years, and a fine.
Paragraph sole. The failure to meet the requirement of the authority within a period of 10 (ten) days, which may be converted into hours due to the greater or lesser complexity of the subject matter or the difficulty in meeting the requirement, constitutes the infraction provided for in the fifth paragraph.
Article 2° Constitutes a crime of the same nature: (See Law No. 9,964, dated April 10, 2000)
I - make a false declaration or omit a declaration about incomes, assets, or facts, or use another fraud to exempt oneself, totally or partially, from the payment of taxes;
II - fail to remit, within the legal deadline, the amount of tax or social contribution that has been deducted or collected, in the capacity of a passive subject of an obligation, and that should be paid into the public treasury;
III - require, pay, or receive, for themselves or for the beneficiary taxpayer, any percentage of the deductible or deducted tax or contribution as a tax incentive;
IV - fail to apply, or apply in disagreement with the established, tax incentives or portions of taxes released by development agencies or entities;
V - use or disclose data processing software that allows the passive subject of the tax obligation to have accounting information different from that which is legally provided to the Tax Authority.
Pena – detention, from 6 (six) months to 2 (two) years, and a fine. ”
The possible violations investigated by the PF stand out in the first year of Augusto Melo's administration. As president of Corinthians, he would have the legal duty to pay the installments of previous debts and other taxes acquired throughout the year, but he did not honor these commitments.
It is important to emphasize that the debt with the Union is a problem of the club as an institution. However, the president can be directly held responsible for any unpaid taxes. The eventual crimes could fall on the ousted president as a natural person.
Still according to the <Gfailed> , Augusto Melo was summoned to appear before the Federal Police in May of this year, but did not show up due to a request for exemption. He was summoned again to appear at the PF in August, prior to the General Meeting of shareholders, which will determine his future at Corinthians. When contacted, the president stated that he still had no knowledge of the new notification.
The Federal Police investigation is still in its initial phase, but there is a request from the Public Prosecutor's Office for the closure of the inquiry to occur within four months. However, this deadline may be extended.
CORINTHIANS, AUGUSTO AND DUILIO TAKE A POSITION
Sought by the report of Sports Gazette , the Corinthians issued a statement on the matter. The club acknowledged the initiation of the investigation and stated that it is taking the appropriate legal measures.
“ The legal department of the interim management of Sport Club Corinthians Paulista informs that it has become aware of the investigation and is currently adopting the necessary legal measures to clarify the doubts of the authorities. , the club wrote in a statement.
Removed from his position last May 26th, Augusto Melo was also questioned by the reporting team. The official claimed it is "incorrect" to speak of the crime of tax evasion at this moment and attributed the blame to Duilio Monteiro Alves' management, citing the inherited liabilities.
“ Regarding the inconsistencies found in the previous balance sheet and the questions involving the issue of tax evasion, it is important to clarify that it is premature and technically incorrect to speak of a crime of tax evasion at this time.
What is actually verified is the existence of declared and unpaid tax debts, a situation that, although concerning, does not constitute a crime but rather fiscal non-payment. In these cases, what occurs is the possibility of a tax execution by the Public Treasury, a process that is being properly managed by the club's legal department.
As far as it is known, the previous management, led by Duilio Monteiro Alves, was extremely deficient in conducting the policy of revenue collection and payment of taxes and labor charges, especially regarding the payment of FGTS and other legal obligations, which ultimately resulted in lawsuits and collection processes against Corinthians.
It is important to highlight that there are no formal accusations or indications of tax evasion practices by the current Augusto Melo management. What is being discussed concerns inherited liabilities that have been addressed with responsibility, transparency, and commitment to the financial regularization of the club.
The debts accumulated by Corinthians should be analyzed as a whole, and not attributed in a careless manner to this or that administration without proper technical and legal investigation. “.
In the end, Duilio Monteiro Alves, who led the club from 2021 to 2023, sent a note regarding the matter when contacted by the reporters. He contradicted Augusto Melo and blamed the ousted president. Check below for the full statement:
“ We became aware of the investigation into federal tax liabilities through the press and are already gathering information on the matter.
I am certain that my management was extremely diligent in conducting federal commitments.
We removed various club commitments independent of the period they referred to, and when possible, we agreed to those that were beyond our financial capacity, including obtaining a Certificate of Negative Debt at the end of 2022, something the club had not been able to do since 2017.
I have asked the club for possible information regarding the investigation and the dates of the debits, but based on our preliminary findings, once again the management of the suspended president failed to fulfill commitments assumed by Corinthians, leading to such investigations.
Thus, as we delve deeper into this issue, we will be available to provide the necessary explanations. “.
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