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When it is still in the retina that Penta controllers, Carlos Alberto Délano and Carlos Eugenio Lavín only paid with ethics classes, a fine of 857 million pesos each, and a lesser presidency penalty for the political silver scandal, another arises news that confirms that the holding company continues to forgive its sins.
A report by the Journalistic Investigation Center (Ciper Chile) revealed that Empresas Penta benefited from the approval of a reduction of more than 1,400 million pesos, which it spent on legal advice, of the total amount of its taxes for the 2018 tax year.
According to the information, on August 3 the Internal Revenue Service (SII) accepted an appeal from the firm so that the payments to three lawyers’ offices that advised it during the criminal process for different tax crimes were considered as necessary expenses to produce income.
The information provoked immediate reactions. “Penta’s controllers committed repeated tax crimes and even so the SII decides a pardon of $ 1,400 million. Finally, we Chileans end up paying for the defense of those who illegally financed the policy, ”said independent deputy Renato Garín.
Another deputy who gave his opinion was the president of the Finance Commission, Daniel Núñez (PC), who classified this tax cut as “scandalous.” “Because of these abuses and privileges of the super rich, Chile exploded,” he said on Twitter.
The parliamentarian announced that he will summon the instance to explain the case to the Minister of Finance Ignacio Briones and the director of the SII, Fernando Barraza, who in his opinion must resign from the position.
The former PS deputy Marcelo Díaz also pointed to the performance of the SII, who recalled that the entity is more “concerned about recovering the 500 lucas bonds that did not correspond”, alluding to the beneficiaries of the middle class bond, while turning a blind eye to the Penta case.
Controversial decision
SII told Ciper that the resolution “conforms to the norms.” However, within the entity they indicate that the benefit does not correspond, since the controllers – Carlos Délano and Carlos Lavín, convicted of repeated tax crimes in 2018 – acted with fraud so that their company defrauded the Treasury.
These anonymous sources assured that after the resolution of the SII, the legal direction of the supervisory institution issued an instruction that indicates that this policy will be extended “every time a company makes expenses on legal advice in the framework of a criminal process that it involves it “and that those payments will be considered as” necessary to produce the income. “
Penta, on the other hand, told Ciper that the SII with this resolution “makes it clear that the expense for legal defense is an accepted expense, provided that the expense is linked to or has an impact on the result of the taxpayer’s business management in its entirety “.
Regarding this return, originated by a trial for tax crimes, Penta added that “the determination of the criminal responsibility of Penta as a legal entity is a matter that has not been sentenced and is still pending, but, as indicated above (…) of the SII, it is made clear that the cost of legal defense in court is an accepted expense and that its origin or inadmissibility cannot be subject to the eventual outcome of the lawsuit. “
It should be remembered that the controllers of the holding company, Délano and Lavín, were convicted in July 2018 only for tax crimes, since during the judicial process the crime of bribery was eliminated. The sentence contemplates four years of imprisonment with the benefit of intensive probation, a fine of 857 million pesos each, which is equivalent to 50 percent of the amount evaded, and the ethics classes they completed at the Adolfo Ibáñez University.
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