Arbitration: investigating possible tax boost awarded Tapie – Le Parisien

In this letter, revealed by Mediapart and which AFP has learned, the senior judge questioned “very favorable tax” granted by the Minister of the then Budget, Eric Woerth, in the former boss of Olympique de Marseille (OM). Of the € 403 million paid to the outcome of arbitration to resolve the old dispute between Bernard Tapie and Credit Lyonnais on the sale of Adidas in 1994, Tapie spouse have directly affected 45 million, tax free, to non-pecuniary damage. The remaining € 358 million was paid to the holding company of the businessman GBT (Groupe Bernard Tapie).

For the tax administration, the money paid to GBT would be taxed under the corporate tax (33.3%), but the Tapie camp demanded the application of the system, much more favorable capital gains (1.67%). Finally, in a letter dated 2 April 2009, the Cabinet of the Budget Minister, Eric Woerth, had decided to charge two thirds of compensation to 1.67% and one third to 33.3%. “The solution proposed by the tax authorities would have entailed a tax payment of 100 million euros. GBT paid ultimately 11 million, “it said of the investigators side

The reaction of Bernard Tapie was quick.” It becomes absolutely comical. Under the right, there were negotiations which I was not involved and a number was found in agreement with the tax authorities. Then, under the left, there was a tax audit that has resulted in no relief nor protest. “

But Gilles Johanet, investigating judges may consider that” some people which intervened in this case intentionally sought to overcome the applicable texts and ultimately Mr Tapie submit the tax system he wanted and that carried fraudulent exemption of tens of millions of euros. “

the award given to the businessman in July 2008 was canceled and Mr Tapie was ordered to repay. “Arbitration has been canceled, its tax too. The tax authorities must pay me the money that I paid him, “said Mr Tapie.


 Embarrassing for Eric Woerth

In parallel, an instruction is also open to the terms of the arbitration, in which the businessman and five others are indicted for fraud in organized gang. For its part, the Court of Justice of the Republic (CJR) has decided to return on trial for “neglect” the boss of the IMF Christine Lagarde, economy minister at the time. She made a final appeal to the Court of Cassation.

The investigation into the tax treatment of the arbitration may now be embarrassing to Eric Woerth, Minister of Budget 2007 to 2010. Heard September 4 by judges in the arbitration record, he said he had met Bernard Tapie that “once in summer 2008″ and “have kept away from this folder” managed by his office, according to a source close to the investigation. “The idea was to find an equitable solution. (…) The reality of the time in my head is still Bernard Tapie is a great victim and was super cheated, “he told the judges.