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. Jobo, I was taking a worst case scenario i.e. We lose tonight. Then Spartak would have nothing to play for.

  2. Lindsay Herron ‏@rfc_lindsay

     

    @markbenstead CVA would have gone through, RFC remain SPL club, lodge accounts to play in Europe, retain all players!

     

    Details

     

     

    ——————————————————————————–

     

    MARE BAWS FAE THE HUNS

     

    EXPECT GREENY TO MUDDY THE WATER FUTHER

  3. Awe naw

     

     

    I don’t agree with your assertion that the loans cannot be recalled …

     

     

    Time will tell

  4. Luvvin …the Updates.. Guys..

     

     

    Noo Ma Hert is Beginnin tae Sing!

     

     

    Music tae Ma Ears…

     

     

     

    Barca Daein oor Joab fur Us…

     

     

    Great..

     

     

    Kojo

  5. Lennon n Mc....Mjallby on

    So did the hun directors make it clear to the players when signing they would end up paying back some of their wages when the players didnt expect to?

     

     

    Note to footballers around the world-

     

     

    Beware of Ibrox.

  6. PFayr They could well rest some players ok but they won’t want to be beaten in the Nou Camp either.

  7. Prince Albert_Kidd of Hamilton on

    I don’t give a flying **** about a dead club winning anything. They are dead. End of.

     

     

    Mon the HOOPS.

  8. So, as it stands –

     

     

    Barca played 5, 12 points (qualified)

     

    Celtic played 4, 7 points (3rd place at worst)

     

    Benfica played 4, 4 points (all still to play for)

     

    Spartak played 5, 3 points (can only get 3rd at best)

     

     

    A scoring draw tonight and we qualify

     

    A loss tonight and, in the final game, we have to do better against Spartak as Benfica do away to Barca.

     

     

    So all good!

  9. Greenwells Glory

     

    What was it that Paul, or someone else said on here a while ago, was the benchmark for punishment?

     

    A team chucked out of the Cup for a documentation error? Something like that.

     

    So why would they not go after deadclub for something that is much more serious than that matter?

     

     

    SPF

  10. Did hately benefit from EBT? If he did, it will be like a new signing… for him… signing a new cheque made out the HMRC!

  11. Greenwells Glory on

    Greenwells Glory

     

    17:20 on

     

    20 November, 2012

     

    Salve salve;-

     

    Tonight Bhoys, courage and belief. This team have exceeded all my expectations and win lose or draw thet can be proud of themselves.

     

    Greenwells

     

    Post proelia praemia

  12. Fourth Official ‏@FourthOfficial_

     

    British treble tonight of Celtic, Man Utd & Chelsea is 120/1,

  13. miki67

     

     

    16:56 on 20 November, 2012

     

    Oho!

     

    Methinks this is all the way of the future : emoluments as loans (never to be repaid), this will be the stock answer for the taxman et al should they ever come calling. Nice precedent set by the fine and upstanding (though apparently prematurely deceased; how funny is that?) rankers. The gates of hell just opened for HM Treasury.

     

    : > )

     

     

    FTT can’t be used as precedent only decisions in court of law/ H of L

  14. Awe_Naw_No_Annoni_Oan_Anaw_Noo on

    PfAyr

     

     

    Sure they can be recalled by HMRC but what if every beneficiary take the MIH route ?????

     

     

    No money to be had. Costs more in trying to get it

     

     

    Foreign professional footballers are ideal for EBT usage still.

     

     

    HH

  15. Lennon n …

     

     

    Thanks!

     

     

    One more goal pls Barca…

     

     

    Awaiting a TSFM article in FTT. It is beyond my ken…as my recent posts illustrate!

     

     

    HH!

  16. Even before a ball is kicked in Lisbon, what a truly incredible achievement for Neil Lennon, his staff and this exciting young team, to qualify for European football after Christmas.

     

     

    Now to go one step further and become the latest heroes of Lisbon.

  17. I am Neil Lennon e El Juarez Bravo on

    Just been driving from Preston to London and heard BBC 5 Live repeatedly declaring – categorically – that Rangers had won their case.

     

     

    Have they missed something?

  18. SPL/SFA will now be bricking it. They’ll need to make a decision and the FTT decision has given the zombies and their MSM cheerleaders enough to throw the whole dual contracts issue in doubt (no matter what the report actually says).

     

    Q a Romanov-style rant from Chuckles the Yorkshireman in….3…..2….1…..

  19. Given that there is a dissenting judgement which differs not only on the assessment of the evidence (which a court can’t reconsider) but on the application of the law I’d assume HMRC will appeal.