Side-letters, of course, had not been registered with the football authorities

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The First Tier Tribunal not only delivered a verdict on Rangers tax case, they also nailed the issue facing an SPL Commission on the non-registration of player earnings.  Certain HMRC assessments were upheld and some declined, as we expected.  The findings:

Some payments were taxable and liable to NIC

Some payments were loans to players and “remain recoverable and represent debts on their estates”

Non-registration of side-letters [with the SFA and SPL]was incompatible with both authorities’ policing and disciplinary powers

The appeal “reduced substantially” the tax demand but upheld that “that advances in favour of certain players are taxable and liable to NIC”.  So HMRC can look to recover much of the EBT outgoing from recipients, whereas the tax and NIC elements will perish with the liquidated company.

I didn’t expect the FTT to report on the non-registration of side letters but they were categorical on this:

“Side-letters, of course, had not been registered with the football authorities, the SFA and SPL. The spirit of their rules was that the whole contract terms should be registered. Suspiciously, no evidence was led as to who decided that the benefits in terms of the side-letters should not be registered. Non-registration of side-letters was incompatible with both authorities’ policing and disciplinary powers. For example any fines imposed on players would customarily reflect the disclosed wage. Non- disclosure would thwart the authorities’ powers.”

The report is anonymised and no indication is given as to which elements of the demand were upheld, which were denied, or the quantum of the demand.

Orders are now open for the very first CQN Annual, get it here!

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323 Comments

  1. Just typing this to try and get things clear in my own head…….

     

     

    1.The liquidated club, has had it’s tax liability reduced. So what? They are liquidated in any case.

     

    2. Some payments made to players should have ben subject to Tax and NI, and the expectation of the tribunal is that HMRC and those involved will resove this off line.

     

    3. Side letters did exist, and per the judgement, and Pauls notes above wre not declared to the football authorities.

     

    4. Some payments have been deemd to have been loans and therefore the recipients could be pressed for repayment, which in turn might flush out a number of interesting scenarios.

     

    If there is a crossover between points 2 and 3 above then there is a clear indication that an as yet unknown number of players were illegally registered. Any games these players represented the liquidated club in will be subject to a score change to a three to nil defeat.

     

    Points allocated will be recalculated, and honours adjusted accordingly.

     

     

    Have I missed anything?

  2. Awe naw

     

     

    In this particular case , given that the Huns are burst and the individuals concerned are wealthy footballers

     

     

    I believe this ruling suits HMRC …I agree with you re the bigger picture

  3. mick1888

     

    Assuming they weren’t paid in used notes in a brown paper bag, you’d like to think there will be a paper trail. Deposits into their bank accounts?

     

     

    SPF

  4. Yep Jobo plus if Spartak lose tonight they will have nothing to play for when they come to Celtic Park.

  5. Can questions be asked as to why people who were not employed at Deadco FC ,received EBTs /loans ?

  6. Greenwells Glory on

    Greenwells Glory

     

    17:12 on

     

    20 November, 2012

     

    Hi Ghuys, Salve salve;-

     

    Most strange but absolutely hilarious, it seems they could have been saved. It really is so funny. Like others on here, I feel there will be no appetite within the SPL and the SFA to pursue the dual contracts issue so I do not expect so see titles stripped or any other punishments meeted out. How would it have gone if they were still up and running with their dept to MIH and MIH’s dept to the bank, I can see a lot of work ahead for My Learned friends, there could be a lot more hilarity yet to come.

     

    Greenwells.

     

    Dies irae

  7. I’m sure Barca are up for it tonight, want to get the job done!

     

     

    1-0 now, predict 3-1 at FT

     

     

    Would be very happy as it means we’re guarenteed 3rd place, which I would’ve happily taken in July at Helsinki!!!!!

  8. Come on the BHOYS scoring draw tonight.

     

     

     

    D.Murray better have some cash at the ready, thought i read a while back he took 6m in EBT from MIH.

     

     

    Anyway enough of the tax dodgers . Come on CELTIC

     

     

    KTF 1-1

  9. Cant help being reminded of the scene from reservoir dogs, where they are arguing over being mr pink and mr brown, and nobody is allowed to be mr black. Although in this case, they all want to be mr orange, and I surley someone had to be mr green……!! ;-D Good luck to the bhoys tonight, they have already surpassed my expectations, and given me a fantastic experience is humping the mighty barca! Lets hope we can get to the next stage, but wont be too disappointed with a wee run in uefa cup to be honest.

  10. Barca selling their jerseys to Qatar Airways next year.

     

    £125million over 5 years.

     

    Still more than a club??

     

     

    SPF

  11. PFayr .

     

     

    There is lots to like ——

     

     

    Some of those lording Huns might prove to be reluctant / to cough up and might squeal and squeal and squeal as they try to wriggle off the hook .

     

     

    The SFA / SPL are caught in a perfect double bind . Do it and become Hun Public Enemy Number 1 or Don’t do it and be publicly revealed as people who’ll bend over backwards to facilitate Huns . .

     

     

    Add the pleasure of them self combusting —-

  12. The Barca result is more is much more important than the FTT result.

     

    1-0 with a quarter of the game gone.

  13. Spartak come close to the equalizer.

     

     

     

    Marti Sandino

     

     

    So, is it possible the Masons referee everything in Scotland ?

     

     

    >Who is head honcho of the mason ilk? Clue. She wears a crown with a Maltese cross.

  14. Presumably if all these millions are owed to Old Co, the Liquidator can seek to collect them from the individuals concerned. If they took Legal Action against players it would be more then interesting to hear the players take on these “Loans”..

  15. Let’s Concentrate oan..

     

     

    Celtic..

     

     

    Keep.. us posted .. you guys ..oan how things are farin in.. Moscow.

     

     

    That is awe Ah am interested in..

     

     

    at this Time..

     

     

    Kojo

  16. corkcelt –

     

     

    Spartak will have something to play for – 3rd place – if we win tonight. Then again we will also have something to play for – 1st place!

     

     

    As Barca go 2 up, woo-hoo!!

  17. Awe_Naw_No_Annoni_Oan_Anaw_Noo on

    PFAyr

     

     

    Winning would have suited HMRC

     

     

    Imagine the UK Government said. You now have an increase in your tax liabilities from the past. We the UK government are going to legislate and in fact have already legislated that you should have paid 3% more the last 8 years.

     

     

    What would you do ?

     

     

    Contact a lawyer …. Take them on.

     

     

    This is what has happened with MIH and MIH have defeated the Westminster government thanks to the Scottish judiciary.

     

     

    There will be no big picture if HMRC do not appeal.

     

     

    The SPL has no authority over Sevco all they can do is remove titles.

     

     

    As for any personal litigation … Cant happen now.

     

     

    HH

  18. Barca win ..and we don’t they win the group

     

     

    My concern is that if we lose at Benefica then they go to the Nou Camp facing a Barca team with nothing to play for who will probably rest players

     

     

    I fear we need to take something from the game tonight

     

     

    I’m going for 0-0…. Having regard to the symmetrical nature of the scoring when we play Benefica

     

     

     

    2-0 Messi ….

  19. Last sitter for Spartak it was their Centre Back Marek Suchy. I guess he thought it was his goal and he decided to clear it. He hit the ball over the bar.