Francisco Javier Mondragón Alarcón, lawyer for Miguel Alemán Magani, assures that the businessmen Alejandro del Valle de la Vega and Carlos Cabal Peniche did not pay taxes to the Tax Administration Service (SAT), an operation that gave them control of 90% of the shares of ABC Aerolíneas, known as Interjet.
“The lawyer Ángel Junquera invited Mr. Cabal y del Valle, who were his clients, to invest in the company ABC Aerolíneas and they invested 4.8 billion pesos to pay taxes,” says the defender of the airline’s founder Low cost.
“An assembly was held in which they were forced to pay the taxes of 4.8 billion taxes, so they were given 90% of the company’s shares and did not pay,” he tells Forbes Mexico.
“They did not pay a peso and we believed them, because their lawyer was the Alemán family’s lawyer at that time, Mr. Ángel Junquera,” says Miguel Alemán Magnani’s lawyer.
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On July 13, 2020, a group of investors, led by former Salinas banker Carlos Cabal Peniche and businessman Alejandro del Valle, promoted the capitalization of Interjet for more than 150 million dollars in order to continue with its operations.
“The airline appreciates the firm decision of a group of investors, led by businessmen Carlos Cabal Peniche and Alejandro del Valle, who trusted Mexico, Interjet and the Alemán family,” they said in a press release.
In mid-September 2020, the SAT seized the bank accounts, cars and brands of ABC Aerolineas (Interjet), an airline owned by Miguel Alemán Velasco and Miguel Alemán Margani, for non-compliance with the payment of taxes for 2 thousand 947 million pesos .
Lourdes del Ángel Palacios, a decentralized Revenue Administrator of the Federal District SAT, was in charge of requesting 20 embargoes against ABC Aerolíneas, which did not pay the income tax withheld from its workers or the value added tax and fines in 2017 , 2018 and 2019.
On November 3, 2020, Alejandro del Valle de la Vega, executive president of ABC Aerolíneas, reported that the airline’s accounts, brands and cars are seized by the SAT, since they owe taxes for 2019, 2018 and 2017.
“We are one of the few companies that have paid 2020 taxes, but we owe 2019, 2018 and part of 2017. That is why the government told us: Pay me,” said the businessman to the unionized workers of ABC Aerolíneas.
“There are no resources to pay taxes and no one invests, because taxes generate a blockage within the company and that is why we have a law comptroller and we have everything seized, which is the law, and even the shares of the company (they are embargoed) ”, said the investors interested in rescuing the Mexican airline.
On November 9, 2020, Miguel Alemán Magnani, president of Grupo Alemán, reported that there are some arrangements by Interjet to pay 2,947 million pesos of income and value added taxes owed to the Tax Administration Service (SAT).
“We completely agree, taxes must be paid and in no way should we ask for forgiveness or anything. You only have to ask for the support to help you finish paying and fortunately some arrangements have been made to pay the entire debt, which will be paid and we are doing it and we are achieving it ”, declared the Mexican businessman.
At the end of December 2020, Servicios de Personnel del Estado de México (SPEM), a company linked to Alejandro del Valle de la Vega, said that it could assume Interjet’s tax debt with the Tax Administration Service.
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“In particular, they have asked for months that the company Servicios de Personnel del Estado de México (SPEM) can assume the tax debt that Interjet has (with the SAT),” said Francisco Joaquín del Olmo Velázquez, director of Section 15 of the Confederation of Workers of Mexico (CTM), to the workers of ABC Aerolineas.
The workers’ union leader, who held a meeting with authorities and directors of the company chaired by Alejandro del Valle de la Vega, added that the proposal that SPEM pay the taxes was presented to the Ministry of the Interior (Segob), to the Ministry of Communications and Transportation (SCT), the Ministry of Labor and Social Welfare (STPS), as well as the Federal Civil Aviation Agency and the Federal Board of Conciliation and Arbitration.
– Did Carlos Cabal Peniche and Alejandro del Valle de la Vega invested and paid the taxes? Francisco Javier Mondragón Alarcón.
– They did not pay a peso and we believed them, because their lawyer was the lawyer for the Alemán family at that time, Mr. Ángel Junquera.
“Ángel Junquera, who is wanted by the Attorney General’s Office for other crimes?”
– Mr. Junquera is jumping to kill and I’m running away …
“Does the fact that they don’t pay get them in trouble with the SAT?”
—They take the company away from us and make us responsible for paying taxes.
—Miguel Alemán Magnani owns 10% of the shares of the company?
—The family owns 10% and he owns between 2% and 3%.
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—The rest of the shares of the company belong to Alejandro del Valle?
—Well, your property and no, because if you buy a property and don’t pay, you don’t own anything. But now we are in trouble and the only one who can solve it is a judge.
Francisco Javier Mondragón Alarcón says that Interjet it had an administrative structure, as there was a board of directors, a commissioner, an internal auditor and an external auditor, such as Deloitte, as well as a general director, a finance director, a director of administration and a tax manager, assistant tax managers .
“ABC Aerolineas is a corporation with more than 5 thousand employees and workers.
Obviously, Mr. Miguel Alemán Magnani, vice president of the Board of ABC Aerolíneas, cannot be attributed the responsibility, because he did not have a directive position ”, says the lawyer.
“It was never discussed in the Board of Directors and Mr. Alemán was never notified that taxes had not been paid, just as there was no instruction not to pay taxes,” says Miguel Alemán Magnani’s lawyer.
Mondragón Alarcón recalls that the Mexican airline did not have enough funds to pay salaries to trusted and unionized employees, as well as pay taxes.
“They accuse Miguel Alemán of withholding income tax from workers and not finding out,” says the defender of the son of the former governor of Veracruz, Miguel Alemán Velasco.
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The litigant explains that the company to pay 100 pesos to a worker; It pays 80 to the worker, another 20 pesos to the treasury and another 20 pesos to the IMSS, Infonavit and other entities.
“What does a company do if it only has 80 pesos? If he pays the worker, he commits fraud, according to the tax authorities, and they put him in jail. So what is convenient for the company is not to pay anyone anything and not to pay the workers so as not to commit the crime, ”says Francisco Javier Mondragón Alarcón.
It adds that the Bankruptcy Law and the Federal Labor Law establish that workers have a preferential right to collect their wages over any other creditor, including the Tax Administration Service (SAT) .The company requested a deadline from the Tax Administration Service to pay taxes, but it was not possible to collect sufficient income: “The treasury seized the company and the taxes owed were collected directly,” concludes Francisco Javier Mondragón Alarcón.
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