The Barcelona state prosecutor said on Friday that it was possible for substituting a prison sentence for a fine for tax fraud against football star Lionel Messi, as long as the fine was the maximum allowed under law.
Messi and his father were also fined 2 million euros each after they avoided paying 4.1 million euros in taxes.
They claim that Mourinho, who took over at United previous year, failed to declare 3.3 million euros ($3.7m, £2.9m) during his time in the Spanish capital - 1.6 million euros in 2011 and 1.7 million euros in 2012.
The winger has accepted to have defrauded the Spanish government on two occasions. The two were given 21-month jail sentences but neither is expected to serve prison time since it was their first offense and the sentence was under two years.
"He's under contract, so if they decide to let him go because he wants to leave or because of the situation that he's in in the courts or whatever it is, we'll see".
A prosecutor said he did not declare income from the use of his image rights in order to get an "illicit benefit".
He will plead guilty to two charges of fraud relating to image rights during his time at Real Madrid.
"To this date, neither the Spanish tax authorities, nor the public prosecutor have contacted Jose Mourinho or his advisers who were hired for the inspection process", the statement from Gestifute Media read.
The reports have been contradicted by other sources close to the player who say he is still assessing his options ahead of a meeting with the Madrid judge Monica Gomez Ferrer on July 31.
However, player nor club has denied rumours of an exit after eight years at Real Madrid.
Former Barca defender Javier Mascherano also agreed a one-year suspended sentence with authorities for tax fraud last year.