Parma liquidation precedent would work against Rangers

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We have spoken before that preliminary positions are being established ahead of the much-anticipated outcome of HM Revenue and Customs tribunal against Rangers with the possibility that, in the event the decision goes in favour of HMRC, the company could go into liquidation.  This weekend brought a fresh attempt to pitch a positive scenario in favour of Rangers.

One newspaper sought solace in the case Parma, stating that the Italian club was allowed to re-emerge in Serie A after going out of business in 2004.

Unfortunately this is a complete misrepresentation of the facts, as far as Parma is concerned, precedent points to an entirely different outcome.  Parma went into administration on 28 April 2004 after Parmalat, the dairy company which owned a majority of their shares, also went into administration.  Parma remained in administration for three years before emerging after a successful restructuring of their debts.  The club was then bought by a new company – but crucially – continuity of football operations was possible because there was no liquidation and debts were restructured in a way consistent with prevailing administration laws, that allowed a company to continue trading.

This, however, is not the end of the precedent Parma can offer Neil Doncaster and his SPL board.  In 1968 AC Parma went into liquidation and disappeared from existence.  They are an ex-football club, to use a phrase I can see creeping into the local lexicon soon.

Shortly after the failure and permanent disappearance of AC Parma, another club, AC Parmense, who were newly promoted into Sere D, changed their livery to match their better known former-neighbours and changed name to AC Parma.  It was this club, AC Parma-formerly-known-as-AC Parmenese, who were promoted through the divisions and went on to win three European trophies.

Precedent from Italy is clear: if a large SPL club is liquidated an opportunity exists for Clyde FC to change their name, ditch the white shirts, rent a large, vacant, stadium and try to work their way through the leagues. Just as Airdrie United-formerly-known-as-Clydebank, are attempting to do.

There are no free tickets to the elite level of Scottish football.

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1,018 Comments

  1. jimmybhoycampbell on

    ßjmac ♥ Kano 1000 °¿° says:

     

    24 January, 2012 at 07:43

     

     

    can you direct me to your ‘sectarian incident’

     

     

    im sorry to hear that.

  2. Ps

     

     

    Thank you to CQN for the advice and sport yesterday. My particular favourite was “kick him in the haw maws”, however I decided to take TBBs advice. ;-)

     

     

     

    Jimmybhoycampbell, yesterday morning, maybe around 10, unsure which page no. and on my phone.

     

     

    hh

     

     

    bjmac

  3. jimmybhoycampbell on

    ßjmac ♥ Kano 1000 °¿° says:

     

    24 January, 2012 at 07:52

     

     

    good luck with that one mate…

     

     

    one (the main) reason i left Glasgow a long time ago… you hit it on the head, they dont even give it a thought that it might be wrong!

  4. Tom McLaughlin says:

     

    24 January, 2012 at 07:34

     

     

    At the recent Johnny Thomson play,heard someone below break into a rendition

     

    of this,now I’m not saying it was MWD, but he was there that night.

  5. BOBBY MURDOCH'S CURLED-UP WINKLEPICKERS on

    BJMAC

     

     

    Keep your cool,keep notes,and bide yer time.

     

     

    In the 80s and 90s,when Employment Law was even more loaded against the employee,I found it easier to walk away from jobs and into a new one than I would now.

     

     

    Often,of course,I was the last to know I was walking away,haha!

     

     

    Virtually every time, I took the scalp of the person I held responsible for me leaving. Forward planning,a bit of thought and the ability to hold a grudge,are handy things to have in the armoury.

     

     

    I later learned to do the damage without damaging myself,and that is the most valuable asset of them all.

     

     

    It’s called patience,bud.

     

     

    Chin up.

  6. ßjmac ♥ Kano 1000 °¿° says:

     

    24 January, 2012 at 07:52

     

     

    No worries ,happy to give advice to a fellow tim:O)

  7. BOBBY MURDOCH’S CURLED-UP WINKLEPICKERS says:

     

    24 January, 2012 at 08:17

     

     

    Mind me not to get on the wrong side of you.

     

    Are you Sicilian by chance?

  8. Tom McLaughlin on

    Bjmac –

     

     

    I worked in a big Government building in Bothwell Street, Glasgow, up to the time I emigrated.

     

     

    There was a fair mixture of Celtic and Rangers supporters there, and for the most part, it was all reasonably civilised. That is until one moron joined the company. He was a bitter and twisted hun. Has card was marked as I walked towards Central Station after work. Celtic were at home in the CL and he was walking a few paces behind me with a couple of his pals.

     

     

    I heard him say, “I hope these fenian f—s get beat the night.”

     

     

    I turned round and gave him a filthy look. He knew what I was from that point on. It was outside the office of course, so that was an end to it.

     

     

    Until a few weeks later. Someone was talking about Martin O’Neill leaving Celtic. Someone else mentioned that it was due to his wife’s illness.

     

     

    The hun moron spoke up and said, “She’s no got cancer at all. She’s an alcoholic. It’s the talk o the steamie.”

     

     

    It took 2 of my work colleagues to pull me off the guy, I was so livid. I was carpetted, unofficially, by my line manager. When I told him the full story, he told me it would be going no further.

     

     

    Then, a few months later, one of the ladies, in her mid-forties, who knows nothing about football or sectarianism, heard him sneeze and offered him a polite “Bless you!”

     

     

    The a-hole shouted across at her.

     

     

    “Don’t you bless me. Don’t you dare bless me or it’ll be the last person you bless.”

     

     

    I wasn’t around that day. I heard about it the following week. I am sure I would have been sacked if I had heard it, but the bigot himself was told to clear his desk and never to darken our doors again. Apparently he had, by his outburst, placed the lady in a “state of fear and alarm”. I don’t even know if she was a Catholic, and it doesn’t really matter. I am sure non-Catholics use the term “Bless you” every day.

     

     

    When I was speaking to her the following week, she said, “What is it makes someone like that so bitter and twisted?”

     

     

    There are a lot of them around and don’t we know it.

  9. NEILMCALLUM

     

     

    He got got subbed in the second half of Dudee Utd game after seem to run out of steam .

     

    Neil Lennon said they were resting him as he had a bit of a reaction after his injury lay-off.

     

    I dont think hes injured ,more of a fittness issue.

  10. Moonbeams WD. Kano 1000 \o/ Supporting Neil Lennon 100%. says:

     

    24 January, 2012 at 08:36

     

     

    I was at the theaaatre luuvy,of course not.

  11. Thanks guys appreciate all the messages ….better go and get some work done!

     

     

    NeilMcCallum – think he is simply breaking him back in gently

     

     

    as for Jack the Ripper’s dug, he had a dolphin as well…

     

     

    …Jack the Flipper….

     

     

    Jaikit is oan

     

     

    hh

     

     

    bjmac

  12. Morning bhoys and girls from a wet , but snow free Baillieston .

     

     

     

    The Kano Foundation

     

     

    
The Kano Foundation End of season fundraising dance will be held in the Kerrydale Suite at Celtic Park on sat 28th April. Tickets will be priced at £25 per head this will include a 3 course meal. Entertainment will be from Britiains no1 Michael Buble tribute act and a disco to finish off the night. We will be holding our usual raffle (prize donations welcome) and for the first time we have a fantastic auction prize. We hope to have a few special guests as well. look out for details of how you can purchase tickets on line. We hope you will join us for what will be a great evening.

     

    If you’re interested , please email eos@thekanofoundation.com

     

     

    Current list is (possibles in italics)

     

     

    Stephen Black +1

     

    Sannabhoy+1

     

    CRC +1

     

    TTTT + 1

     

    TTT+1

     

    MWD+1

     

    Mouldy67 +1

     

    Penfold

     

    Lennybhoy+1

     

    Praecepta+3

  13. Moonbeams WD. Kano 1000 \o/ Supporting Neil Lennon 100%. says:

     

    24 January, 2012 at 08:36

     

     

    I wish fholk would stop saying that,I do have a life outside the

     

    pub,especially if it has a beer garden.

  14. Morning Ghuys

     

     

    Does anyone know if there is a link to the guy who phoned into Clyde last night accusing Guidi of being on CQN/RTC under the name of Mark Mcgee????

     

     

    Hail hail

  15. Tom

     

     

    I had a car like your’s once but it finally failed to proceed so I junked it.

     

     

    Whereis.com.au claims it is less than 1 hour from Coolangatta to Byron Bay.

     

     

    It took me longer but, heading north, I was obviously driving uphill…:-)

  16. Some say that his toes are that good that they have their own agents

     

    and that he once bitch slapped the Brian Shaw for staring.

     

     

    All we know is he’s Victor Wanyama.

  17. stpatricksbhoy on

    jimmybhoycampbell says:

     

    24 January, 2012 at 07:35

     

     

    Remember singing in the 60’s it was green ,white and gold and the Pope was on the fold.

     

    Hail Hail

  18. Morning CQNer’s.

     

     

    ibleedgreenandwhite1 says:

     

    24 January, 2012 at 09:05

     

     

    Morning Ghuys

     

     

    Does anyone know if there is a link to the guy who phoned into Clyde last night accusing Guidi of being on CQN/RTC under the name of Mark Mcgee????

     

    ……………………………………………………………………………………………………………………….

     

    I’ve been trying this morning to download the phone-in on i-tunes but, it’s not been updated since saturday!

     

     

    Hail! Hail!

  19. Granda is persuaded by his grandchildren to tell them one of his Celtic stories. He relates to them the story of Victor Wanyama who enjoys a happy school-free childhood until he feels that he must fulfil his destiny, so beginning his career as a warrior and a legend.

     

     

    Victor Wanyama’s story

  20. johann murdoch on

    BJmac..sorry to hear about your incident at work..stay strong..just shout “hauners” and well all be round! [including big victor]

     

     

    Previous poster was correct take notes , be patient,you have followed the correct path in dealing with this idiot so far.

     

     

    Regards and HH

  21. macjay1 for Neil Lennon on

    Tom McLaughlin says:

     

    24 January, 2012 at 04:46

     

     

    Whisper it:

     

    Up to the knees in orange blood we`ll follow on.

     

    Followed by:

     

    A one ,a two a three a four a five { repeat}

     

    We`ll f…….. the Rangers in the cup as sure as we`re alive.

     

     

    If you think that`s bad,try the drunken sailor

     

    or

     

    The bells of hell………

     

     

    Ah, memories………

  22. From the Guardian

     

     

    “Mitt Romney’s tax returns reveal Republican presidential contender paid about 15% in tax on $45m income over past two years.”

     

     

    David Murray has recommended that Paul Baxendale-Walker be called in help him lower that to a less punitive rate.

     

     

    Serious fact alert. The top rate of federal tax in the US is 35% on income over $379,150. However, there is a long term capital gain rate of 15%. Certain types of “income” of senior executives within private equity firms is treated as long term capital gain. That is also the case here. George Osborne and Mitt Romney are two politicians who bang on about a fair tax system.

  23. .

     

     

    Kit..

     

     

    Ha..The Last time l was in Nimbin l bought a Space ‘Cookie’ off a 90yr old Lady Who was Dancing in the Street..Ate the Aforementioned ‘Cookie’ over Lunch..

     

     

    Took me 4hrs to Drive the 1hr trip back to Byron Bay..:O)

     

     

    Summa

  24. Reports suggest that the only possible solution to recovering the wreck of the Costs Concordia is for Victor Wanyama to put it on his chest, drink all the water in the sea, and walk with it back to Italy.

  25. Will retrospective taxes affect us all?

     

     

    Analysis By Professor Anne Redston King’s College, London

     

     

    The Revenue has just won a landmark court case which allowed the backdating of tax law.

     

     

    New legislation normally applies to the future, not the past. But the case of Robert Huitson may change all that. In 2001 Mr Huitson began using an artificial scheme to reduce his taxes. He thought the scheme was legal, and so did his advisers.

     

     

    HM Revenue and Customs (HMRC) did not agree.

     

     

    So far, so commonplace: HMRC frequently disagrees with taxpayers. If these disputes cannot be settled, both parties often end up in court, where each side puts forward their argument.

     

     

    Sometimes HMRC wins, sometimes the taxpayer.

     

     

    Section 58

     

     

    In 2008 the government changed the rules. It made the type of arrangements entered into by Mr Huitson illegal – not just for the future, but for the past as well.

     

     

    Section 58 of the Finance Act in 2008 said that the change was to be “treated as always having had effect”.

     

     

    Robert Huitson now owed the taxman more than £100,000. But he was not the only person who had used the scheme. Some participants were even worse off.

     

     

    Of a small sample of the 2,500 users of the scheme, 57 people said that even if they sold their home and all their assets, they would not be able to pay their tax bill. A further 29 people said they would have to sell or remortgage their family homes; others faced bankruptcy or said they had suffered mental breakdowns. Last month, Mr Huitson challenged this controversial tax rule in the High Court. His barrister argued that changing the law for the past was illegal under the Human Rights Act.

     

     

    Judge decides for HMRC

     

     

    Unfortunately for Robert Huitson and the other scheme participants, Judge Kenneth Parker did not agree. Human rights law did not, he said, prohibit backdating in a case like this, where the arrangements were artificial and their only purpose was to minimise tax. He ruled that the Finance Act 2008 legislation ensured a “fair balance” between Mr Huitson and others who used this artificial tax planning arrangement on the one hand, and ordinary taxpayers on the other. And, since Parliament had previously backdated legislation to deal with an earlier loophole in the same legislation, Mr Huitson should have been aware that the same fate could befall him.

     

     

    This decision means that many of the individuals involved in the scheme now face homelessness and bankruptcy.

     

     

    HMRC appeared sympathetic, telling the court that “before seeking to enforce demands for tax and interest”, it would take into account the scheme participants’ financial hardship. But Judge Parker actively discouraged this compassionate approach.

     

     

    He said the HMRC should consider whether such treatment was fair to other taxpayers who had not avoided taxes, or to those scheme participants who had set aside money to pay any eventual liability. He concluded that this “fairness in this broader sense” could significantly restrict the extent to which HMRC could show mercy to those facing serious money problems, even where the individuals’ financial circumstances were “unfortunate and distressing”.

     

     

    Not the first time

     

     

    There is no doubt that this was an aggressive tax avoidance scheme, but it raises important issues. As citizens, we have a right to know the legal position before making up our minds. Giving government the green light to change laws retrospectively erodes our rights and undermines the rule of law.

     

     

    However, this is not the first time that tax law has been changed retrospectively.

     

     

    In December 2004, the government announced that it would backdate legislation if it found any new avoidance schemes involving employee share plans.

     

     

    This threat was carried out two years later, in the 2006 Finance Act.

     

     

    Even more relevant is that the very tax laws used in Mr Huitson’s avoidance scheme had themselves been amended retrospectively more than 20 years earlier in the Finance (No 2) Act 1987. This, said Judge Parker, should have “sent out a clear signal to taxpayers and their advisers that the legislature would be very likely to take effective and decisive steps to counter [their avoidance], even with retrospective measures”.

     

     

    Human rights law

     

     

    The judge also pointed out that retrospective legislation was not prohibited by human rights law, although there is a strong presumption against it.

     

     

    In 2003, in the case of MA and 34 Others v Finland, the European Court of Human Rights stated that the key question was whether the backdating struck a fair balance between those affected by the change, both positively and negatively.

     

     

    In Huitson, Judge Parker considered that the retrospection was fair, because of the effect on other taxpayers and the public purse if the avoidance had not been unequivocally blocked.

     

     

    Here, the arrangements were clearly uncommercial, designed only to avoid taxes.

     

     

    Furthermore, the fact that the self-same tax provisions had already been backdated once should have warned participants they were playing with fire.

     

     

    But the Huitson case is nevertheless worrying. Is it the thin end of a very dangerous wedge, allowing HMRC to get its own way without bothering to argue its case in the courts? Or will retrospection be used only exceptionally, most commonly in response to artificial tax planning schemes?

     

     

    What is certain is that backdating legislation is a cheap, quick and certain way of closing a tax loophole, and it may be irresistibly tempting for the government to use the same method again.

     

     

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