John Doe

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A visa will also be required for “mirror” football capital gains

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Reciprocity bogus business transactions On the football field (cd.”mirror operations‘), the very formation of billing for non-existent services and drafting of fake corporate communications, to indicate in the financial statements the football club’s capital gains derived from non-existent transactions, has long been the subject of sports-judicial news and also a recent forensic ruling (Criminal Court dated November 24, 2020, No. 32734.

Prisma process

In the football scene the problem was broader, there was a lot to support it, but now it was the judges of the Public Prosecutor of Turin who assumed that by exchanging athletes between two companies, without real passing of money, the players trading would remain so. abuse, or one Buying and selling of football players Exclusively aimed at generating fictitious capital gains.

In particular, the judges assert that by “selling young players” to “Relevant fees and out of scope” […] There will be “express confirmation regarding the unhealthy management of capital gains, the distinctive revenue component of sports management, and is sometimes used as an authentic a toolSave budgets“, that is, in a distorted way.”

Essentially, thanks to documentary verifications and environmental objections, “the capital gains mechanism has been identified as corrective for the assumed risks in terms of investments and costs associated with reckless purchases and salaries.”

The conclusions reached by prosecutors of the Turin Public Prosecutor’s Office in the Prisma investigation, which sees Juventus Football Club under investigation, are very harsh: “Since the first investigations, accurate and consistent evidence has emerged to believe that the values ​​behind the transfers in question were not the subject of market negotiations Physiological but encounter transactions separate from real market values, predetermined and certifying only ‘accounting’ revenue, ultimately fictitious.”

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Upon hearing of the investigation, Juventus immediately responded that “it has acted in accordance with the laws and regulations governing financial reporting, in accordance with accounting principles and in line with international football industry practices and conditions. From the market” and it would only be the outcome of a criminal dispute to settle the matter.

For a football club, each player represents a Origin who comes budgeted, in the balance sheet assets, among the intangible fixed assets under the “players registration rights”. On the economic level, however, the Cost year after year To be recorded in the income statement representedConsumption, its calculation is necessary to determine any capital gain (or loss) from the transaction.

According to the indications provided by Accounting Principles in the Organization of the Islamic Conference 24 NS Accounting Standard 38According to the reference principles, this asset can be amortized on a straight and reducing line basis, based on the term of the contract, starting from the date of its signature.

It will be the Turin judges who will have to prove such an accusation, but one thing is certain: in a world populated by subjective and discretionary economic assessments bordering on the irrational, it would be extremely difficult to review the match of considering the sale of that particular asset. Transfers, which, although interesting and indicative, do not take into account in market prices any accounting or scientific criteria that allow to confirm the appropriate transfer price for the player.

possible solution?

At this point, then, the provocation arises spontaneously.

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So, in order to reduce potential fraud in the construction field, it has recently been thought to provide a commitment Preventive Compliance Visas, it would not seem unfeasible to also assume the same to comply with the law in the billing and financial statements of companies in the world of football, Preventive professional visa (and sports authorities) reasonableness NS congruence On the “mirror operations“.

At this point, there is a risk of indictments in competition for offenses referred to in Article 2622 cc (fake corporate communications to listed companies) and Art. 8 of Legislative Decree No. 74/2000 (issuing invoices and documents for fraudulent transactions), perhaps few see that the young man with high hopes is worthy of the hero.

So far, since there is no DEI price list in football but only sites for transfer market enthusiasts, a construction contractor can also be challenged in criminal taxation for having “characterised” unreasonably priced paint and scaffolding on an invoice for a bonus that is “not at normal and market value”, in Whereas it would be much more complex to criticize a football entrepreneur for over-characterizing the fraudster as a hero.

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