McIntyre witness evidence of DOS scheme tax overdues

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For any football club to be licenced to play in Uefa competition it has to be up to date with social taxes. The world wondered why in the years prior to their liquidation owing tens of millions to HRMC, Rangers managed to remain up to date for every licence application (made through the SFA).

Football authorities are bound by certain limitations. They can oblige clubs to make them aware of any overdue taxes, but if this information is not forthcoming, they have no powers to demand information from the tax authorise. In short, if you lie, you will get away with it, until and unless you are caught.

Nor can football authorities deal in information of dubious probity. “Some guy on the internet gave me this document” which they should not legally be in possession of, is not the basis to charge a club.

At Craig Whyte’s trial at Glasgow High Court this morning, former director of former Rangers, Donald McIntyre, faced questions from defending counsel and also former director of former Rangers, Donald Findlay.

McIntyre was shown a document dated 2010 from HMRC to Rangers saying tax for PAYE and National Insurance was due on Rangers Discount Options Scheme (DOS), involving players Tore Andre Flo, Craig Moor and Ronald de-Boer was “payable in full”. This tax was never paid and £500k of interest accrued until the club went into liquidation.

McIntyre told the court Rangers had “no choice but to accept liability” as due to the existence of a “side letter”.

Despite this, Rangers signed off their licence application in March 2011, which enabled them to take Scotland’s Champions League qualification spot for season 2011-12.

The irony of this information coming out in a fraud trial will not have escaped you. Some key points:

Information that Rangers were overdue to HMRC prior to their Uefa licence application in 2011 has been confirmed by a competent officer of the company for the first time, in open court.

Rangers DOS scheme for Flo, Moore and Ronald De-Boer was not subject to the SPL’s Lord Nimmo Smith Commission inquiry and has not, thus far, been investigated.

Mr McIntyre is still in the witness box giving evidence.
capture-20170425-114314

A note of caution: this is all new information, and anyone who tells you there is an easy way to navigate to the desired outcome is almost certainly overlooking a great deal. It has taken time and patience to get here, both of which are still needed.  The banner above is a manifestation of someone else’s neurosis. It’s not the actual truth, so realise this or, as they say, keep taking the pills. What you can be assured of, is that no stone will be left unturned.

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  1. YORKBHOY on 25TH APRIL 2017 9:23 PM

     

    GENE on 25TH APRIL 2017 9:22 PM

     

    I see Spurs new stadium will be 61,000 at a cost of £800m

     

    It will be interesting to see if they can fill it.

     

    _______________

     

    Spurs have a S/T waiting list of 60K+ not counting hospitality.

  2. THECLUMPANY on 25TH APRIL 2017 9:32 PM

     

     

    Hahaha, I’m on my way to ‘Level 5’ with some bitter oranges and sour grapes.

  3. I didn’t know about the waiting list.

     

     

    I know quite a few premiership fans who have given up on going to matches. The general complaints have been cost, lack of atmosphere/tourist fans and SKY kick off times.

     

     

    A friend who went to Liverpool matches called it a day after being surrounded by “fans” who never watched the game and spent their time taking selfies.

  4. Douglas Findlay QC, will have some significant information to impart before he leaves the stage,through his questioning. He is not the paragon of virtue, but he does know the law. However he will direct the court to the verdict that is least damaging to his favoured cause.

     

    He has an agenda, and will make sure it is addressed.

     

    Eurochamps67

  5. GENE on 25TH APRIL 2017 9:35 PM

     

    Was listening to H&J (discussing with ex-player/or celeb) when the subject came up. Seemingly circa 25K are on an official waiting list (nominal fee) and as many as 40K+ on a secondary list.

     

    The craic was about Levi charging a returnable fee – they figured @£100 per head (not confirmed) he could be sitting on £6M+ earning interest!

  6. Canamalar it looks like OCD obsession on

    “Football authorities are bound by certain limitations. They can oblige clubs to make them aware of any overdue taxes, but if this information is not forthcoming, they have no powers to demand information from the tax authorise. In short, if you lie, you will get away with it, until and unless you are caught.”

     

     

    Well spun P67, no one bar the courts have the right to demand info from HMRC, however the SFA had the power to seek clarification from HMRC, looks to me like a party line is being spun to protect the SFA, why would that be ?

  7. DELANEYS DUNKY on 25TH APRIL 2017 3:12 PM

     

    Turkeybhoy

     

     

     

    You really don’t want to know what their scum have changed the Tiffany chorus to.

     

     

    Probably not.Have not heard it,but have seen them alluding to it on Munter Media.

     

    Many thanks.

  8. I’ve asked before but here we go, who made the original ‘Jock Stein tee shirt’ that has been reproduced and sold for the benefit of CQN and the Lisbon Lions?

     

     

    The guy on our – Telly on 25/05/67 should get a mention along with his kilt.

  9. Paul 67

     

     

    ” Football authorities are bound by certain limitations. They can oblige clubs to make them aware of any overdue taxes, but if this information is not forthcoming, they have no powers to demand information from the tax authorise. In short, if you lie, you will get away with it, until and unless you are caught.”

     

    ====================

     

    I’m not buying this excuse to get Regan off the hook (although he was lied to).

     

     

    It asks me to believe that with Campbell Ogilvie as SFA President, Andrew Dickson who served on 3 of the 4 SFA Licensing Committee meetings in 2011 and Martin Bain, who on 15 July 2008, was elected to the Scottish Premier League’s board of directors for a second term and was CEO of RFC in 2010 up to May 2011,every one an ebt recipient, were unaware of the true nature of the wee tax case liability, is to think I and fellow supporters came up the Clyde on a water biscuit.

     

     

    The fact is the SFA DID have the power under Article 43 1(h) reproduced below to ask HMRC what their position was in relation to the wtc liability. Was it is dispute? Did HMRC want paying?

     

     

    The Power to ask questions existed, RFC gave it to the SFA, so the big question is why was it not utilised?

     

     

    If the football authorities treat us as fools how can we possibly believe anything they say?

     

     

     

    Article 43 – Declaration in respect of participation in UEFA club competitions

     

     

    1 The licence applicant (ie Rangers) must submit a legally valid declaration confirming the

     

    following:

     

     

    a) It recognises as legally binding the statutes, regulations, directives and

     

    decisions of FIFA, UEFA, the UEFA member association and, if any, the

     

    national league as well as the jurisdiction of the Court of Arbitration for Sport

     

    (CAS) in Lausanne as provided in the relevant articles of the UEFA Statutes;

     

     

    b) At national level it will play in competitions recognised and endorsed by the

     

    UEFA member association (e.g. national championship, national cup);

     

     

    c) At international level it will participate in competitions recognised by UEFA or

     

    FIFA (to avoid any doubt, this provision does not relate to friendly matches);

     

     

    d) It will promptly inform the licensor about any significant change, event or

     

    condition of major economic importance;

     

     

    e) It will abide by and observe the club licensing regulations of the UEFA

     

    member association;

     

     

    f) It will abide by and observe the UEFA Club Licensing and Financial Fair Play

     

    Regulations;

     

     

    g) All submitted documents are complete and correct;

     

     

    h) It authorises the competent national club licensing administration and

     

    national club licensing bodies, the UEFA administration, the Club Financial

     

    Control Panel and the UEFA Organs for the Administration of Justice to

     

    examine any relevant document and seek information from any relevant

     

    public authority or private body in accordance with national law;

     

     

    i) It acknowledges that UEFA reserves the right to execute compliance audits

     

    at national level in accordance with Article 71.

     

    2 The declaration must be executed by an authorised signatory of the licence

     

    applicant no more than three months prior to the deadline for its submission to

     

    the licensor.

  10. Canamalar it looks like OCD obsession on

    In fact the SFA had a duty of care to request clarification from HMRC regarding a club in financial distress, especially after the chairman of that club made a public statement to the press on 01/04/2011 that the DOS needed to be paid, to protect the integrity of the competition they were responsible to administer licensing applications for, especially when a member of the SFA senior management was responsible for initiating the DOS scheme.

     

    This spin has annoyed me big time.

  11. Canamalar

     

     

    I too thought that that particular phrasing in P67’s article was questionable.

     

     

    SFA should have been pro active from the point of first contact from or with HMRC.

     

     

    MWD

  12. Canamalar it looks like OCD obsession on 25th April 2017 9:46 pm

     

     

     

    “Football authorities are bound by certain limitations. They can oblige clubs to make them aware of any overdue taxes, but if this information is not forthcoming, they have no powers to demand information from the tax authorise. In short, if you lie, you will get away with it, until and unless you are caught.”

     

     

    Well spun P67, no one bar the courts have the right to demand info from HMRC, however the SFA had the power to seek clarification from HMRC, looks to me like a party line is being spun to protect the SFA, why would that be ?

     

    =================

     

    Snap

  13. i'vehadtochangemyname on

    none of this is going away

     

     

    dodgy dealings of 10 years ago

     

    their financial state now

     

    the implications of being liquidated on the pitch now

     

    the knackered nature of their brand

     

    the split up assets now

  14. MIT

     

    Torontony is a bounder…..Really? Well help ma boab.

     

    Canny believe it ma’self.

     

    I can only tell you that when I went to purchase my roll on sausage, I was informed that there was none left as someone had purchased 3 or 4 rolls and was at the bar washing them down with 2 pints of water.

     

    Wasn’t sure who it was, but there is no way it could have been Tony. He has the physique of a Adonis as well as being a magnificent sportsman, he is in full training for an upcoming golf tournament in Portugal.

     

    and is so dedicated to his sport that absolutely nothing would get in the way of his pursuit of excellence including breaking his rigorous healthy eating regimen. Rolls on sausage – yer havin’ a laugh.

     

    Tony will also not be intimidated by Gene’s wee cousin fae Hamilton as when Tony sits on my shoulders, we are probably around 8 or 9 feet tall and would not take any nonsense from anyone.

     

    I hereby ask you to retract your scurrilous accusations about Tony – I hear his lawyer is Donald Findlay.

     

    Hope to see you at the TOCSC Sunday.

     

    HH bud and Oh aye! govern yourself accordingly :-)

  15. Canamalar it looks like OCD obsession on

    Teuchter Ar La

     

    “but there is no way it could have been Tony. He has the physique of a Adonis” should we start calling him big nose ?

  16. YORKBHOY on 25TH APRIL 2017 9:38 PM

     

     

    “I didn’t know about the waiting list.

     

     

     

     I know quite a few premiership fans who have given up on going to matches. The general complaints have been cost, lack of atmosphere/tourist fans and SKY kick off times.

     

     

     

     A friend who went to Liverpool matches called it a day after being surrounded by “fans” who never watched the game and spent their time taking selfies”

     

     

    *****

     

    There was a mention of ‘Monty Python’ earlier. Your post reminds me of the, coincidentally, 4 Yorkshireman ‘sheer bloody luxury’ sketch.

     

     

    Early kick- offs, ‘tourist’ fans taking selfies, atmosphere lacking. . . Sounds like Heaven!

     

     

    They should try 4 year old clubs ‘going for 55’, liquidated teams being relegated, football ‘authorities’ who go along with such shite on official websites, and all the other clubs sucking it up in silence, happily playing in a sporting integrity free farce.

     

     

    Now, there’s some real reasons for chucking it.

  17. Auldheid

     

    I noted comment (in certain areas of questioning today) about withheld financial information in the audited accounts (2009 thru 2011).

     

    I’m pretty familiar with an Auditor’s Role (previous life dealing with ISO9001 etc) – but not so in terms of Accountancy.

     

    I’m well aware you ferreting capabilities – you might find some interesting reading in this link by the PCAOB (Consideration of Fraud in a Financial Statement Audit).

     

    https://pcaobus.org/Standards/Auditing/pages/au316.aspx

     

    Hope it provides some useful reading!

  18. mike in toronto on

    Auldheid/Canamalar

     

     

    the line that got me was ‘no stone will be left unturned’ …. by our Board?!

     

     

    Personally, I dont think they have much more interest that the zombies in all of the shenanigans being brought to light … for different reasons, perhaps … in some respects, we probably have more to lose now if the whole league is shown to be on a par with wrestling ….

     

     

    TAL … how you doing, mate? One of the downsides of my bhoycott is not getting up to the club to say hello. I hope you are keeping well.

     

     

    And, to be fair, I called him a cad, not a bounder.

  19. Canamalar it looks like OCD obsession on

    Praecepta,

     

    All Res12 responsibility is now with the Plc, maybe that link should be sent to the company secretary but going on P67’s statement, they are still looking for excuses to kill and implement a damage limitation strategy, apparently the SFA are and always have been blameless.

  20. Canamalar

     

     

    Oh, aye, forgot about the chateau owner, what, with all the Craigy boy stuff going on!

  21. MIT

     

    It is my understanding that “bounder” was a comment made by yourself and that “cad” was a comment made by PatMcGrath.

     

    I’m quite sure it would hold up under oath.

     

    DonaldFindlayCSC

     

    Oh! and how’s yersel?

  22. Canamalar it looks like OCD obsession on

    MIT,

     

    That strategy would display a disregard for their responsibility regarding protection of shareholders interests. They have spent the last four years trying to kill Res12, now that court evidence is supporting Res12’s original contention and the fact there was no need to wait for court proceedings its becoming more evident to me at least they are part of the cover up.

  23. Praecepta

     

     

    That is very useful thanks I have bookmarked it for a longer read but this stood out:

     

     

    Three conditions generally are present when fraud occurs. First, management or other employees have an incentive or are under pressure, which provides a reason to commit fraud.

     

     

    Second, circumstances exist—for example, the absence of controls, ineffective controls, or the ability of management to override controls—that provide an opportunity for a fraud to be perpetrated.

     

     

    Third, those involved are able to rationalize committing a fraudulent act. Some individuals possess an attitude, character, or set of ethical values that allow them to knowingly and intentionally commit a dishonest act. However, even otherwise honest individuals can commit fraud in an environment that imposes sufficient pressure on them. The greater the incentive or pressure, the more likely an individual will be able to rationalize the acceptability of committing fraud.

  24. Margaret McGill on

    Canamalar/ Auldheid

     

    Being the paranoid nihilistic pessimistic sunny personality that I am I smelt a rat the day Morrisey got frog marched out of Celtic park and physically thrown out into the street in no uncertain terms along with the original document that was the germ of what would become res 12 back in Nov 2013.

     

    and now ….here we are. :)

  25. CANAMALAR

     

    PCAOB are an International outfit but do cover UK Legislation (and have dealt UK outfits severe smackings).

     

    The link was more to do with (what I perceived) an understandable phraseology of breach and/or failure to disclose financial information that could materially affect; share or asset value, bank borrowing or acquiring a contract (UEFA licence?) for financial gain – i.e. to deceive/ defraud etc.

     

    Thought the Layman-type explanations were quite easy to follow.

  26. Canamalar it looks like OCD obsession on

    Mag’s,

     

    me too, but we had to play their game to get here, now they are under more pressure than ever before, I’ve no doubt they will try to weather any storm but pressure can and will be applied. Shareholders interests and being cheated without so much as a whimper will register.

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