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

323

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!

[calameo code=0003901717b03ef5e64cb lang=en page=100 hidelinks=1 width=100% height=500]
Click Here for Comments >
Share.

About Author

323 Comments

  1. So now HMRC will pursue individuals, those individuals must be feeling rather nervous, or am I understating it.

     

     

    Rangers, as was, is now a proven cheat , that is good enough for me. The rest, window dressing. The individuals will now be pursed for the money they were lent, at least that is my reading of it, good. Let BDO deal with them.

     

     

    Now to Lisbon.

  2. Just in and trying to get my head around this.

     

     

    Where does Colonel Mustard fit into all this?

     

     

    CluedoCSC!

  3. PF AYR & Ten Men Won the League – We’ve been shouting from the roof tops that they owed a fortune to HMRC, we’ve been pointing out what 60-100 million could have been used for (schools, armed services etc.) and we’ve been declaring that by not paying these taxes they afforded better players than they otherwise could have.

     

    Now, correct me if I am wrong but the FTT verdict says that was not the case. That the EBT schemes were loans and not part of their salaries and therefore RFC did not owe tax on them.

     

    I know this could take a lot of twists and turns yet but, for now, they are going to feel that they have been exonerated.

     

    The small tax case would not have put them into liquidation on its own, the Blue Knights could probably have handled that problem if they had been allowed by HMRC to take the CVV route.

  4. Lennon n Mc....Mjallby on

    Gordon J

     

     

    I think Rikki Fulton summed it up best-

     

     

    “If ah’m in the murtuerry,ah must be deid!”

  5. i am awaiting their lifting in to new set up to finally walk

     

    away, and you know what its coming.

  6. If that’s the Official Team fur the Night..

     

     

    Ah am.. Sorta Pleased..

     

     

     

    Sorta Pleased.. because..

     

     

    Nae COMMONS and Nae LEDLEY.

     

     

     

    Howevah…Sorta. NO , Pleased..

     

     

    oan accounta…

     

     

    Neil,eschewed tae Gie .. Tony . a Startin’ Role..

     

     

    Humph…….

     

     

    Well. Ah guess.. A Traditional… Lorne .. between Two Slices o’ Bilsland’s … Plain , smothered in.. Rowat’s Finest.. wi a wee Slice o’ Lanarkshire Tomato…in addition…

     

     

    Is bettah than an English Pork Pie.. any time..

     

     

    Widya Say?

     

     

    Kojo

     

     

    Still , Laughin’

  7. Deniabhoy

     

     

    The fact that the CVA would have been accepted is all the funnier IMO …….they were wrongly liquidated …hilarious !

     

     

    I can’t see how they can take any succour from this decision.

  8. If Minty is seen to be vindicated – and that will certainly be the view of the MSM – does that mean that we will see him return to a Sevco near you any time soon….

     

     

    Most annoying thing about this is that it is distracting attention from the fact that we are playing in Lisbon tonight and can reach the last 16 of the CL – unfortunately I will miss it as on way to work/and at work during game – radio for me – look forward to an interesting lurking nightshift….

  9. First things first. This site has been full of people with inside info….but couldn’t tell anyone, or a friend that works in the tax office, but can’t tell you all the outcome because it’s NUCLEAR!!! I think we can all agree that those posters are looking stupid tonight!

     

     

    Next, anyone that has been pursued by HMRC in the past will know that if they have any claim to money from the EBT payments, then they will come knocking. Once HMRC are into you then they don’t give up. The EBT’s might not be the biggest problem some of these guys face.

     

     

    I work in an industry where the tax man takes a lot of interest. I know people that have been investigated, and it’s not a pleasant thing. They go into everything, some of these guys might get a fright.

     

     

    Also, people on here are not sure weather tax is due on EBT’s. I am one of them, but i know that if i was to try to either give or loan a large sum of money, if for example i had won the lottery, then it’s a very complicated thing to do and the tax want their bit of said present-loan…..any minted lurkers may be able to confirm or deny this………tonight 0-2 Good luck Celtic and Hail hail

  10. Kojo, don’t forget the qualifiers a fair bit of dosh for winning those also. Don’t know the precise figure. No pressure on Celtic, they have been magnificent.

  11. Mícheál Mac Eoghain ‏@MrMacFunn

     

    Para 36 line 34. So far as Rangers was concerned it enabled the Club to attract players 35 who would not otherwise have been obtainable.

     

    Retweeted by TheBlackKnight TBK

     

     

    Mícheál Mac Eoghain ‏@MrMacFunn

     

    Cont… Non-registration of side-letters was 40 incompatible with both authorities’ policing and disciplinary powers.

     

    Retweeted by TheBlackKnight TBK

  12. Kayal33

     

     

    18:34 on 20 November, 2012

     

     

    FTT Result in less than 100 Words

     

     

    Hunman indiscretions = sweep sweep, bouncy bouncy, Mr green and white did it.

  13. ….pfayr

     

     

    18:42 on 20 November, 2012

     

     

    I agree, they brought in an asset stripper, got themselves liquidated, when they could have traded their way out of it, now that is hilarious, stupid, stupid Huns.

  14. the huns gloating in div 3? Cant see it, more likely once the penny drops that they’re deed for nothing, they’ll be perma ragin…..again…..love it.

  15. Don’t Tell..

     

     

    Tae Ma utter Horror and Consternation..

     

     

    Don’t Tell Me.. that.. Joe Ledley is Playin, tonight?

     

     

    He is?

     

     

    Gad..

     

     

    Noo we wull be playin’… a Man Shoart!

     

     

    Jeez.. Neil.. must be Really.. Confident.,.

     

     

    Kojo

     

     

    Still, Laughin’

  16. James Forrest is Neil Lennon! We are ALL Neil Lennon! on

    I’d like you guys to bear the following in mind;

     

     

    1) This was not unanimous but a dissenting opinion. In other words, a senior member of the committee believed MIH were guilty of it all. His published account of the reasons can be used as precedent in future cases, and will form the core of an appeal.

     

     

    2) A judge, and a jury, threw out the case against John Terry. The English FA disagreed, and banned Terry for racism.

     

     

    3) A three man panel, including a senior judge, imposed a transfer ban on Rangers. A judge in a courtroom overturned it.

     

     

    What am I trying to say? This isn’t over. A dissenting verdict is open to interpretation, and it depends whether the SPL panel is more swayed by the dissent than the verdict itself. Remember, Terry was cleared by a jury – a far bigger statement in his favour than the one Rangers got today. Yet the English FA believed its own prima facia case was enough to take action.

     

     

    This is also the reason criminal cases can result in civil cases later.

     

     

    This is all about what the members of the independent SPL panel think of what’s in that document. One of the three judges on the FTT panel believed the case against MIH was so strong he wrote a dissenting opinion of remorseless potency against it, knowing full well that can be used as grounds in the appeal.

     

     

    Let’s wait and see. I don’t think the SPL can simply ignore the mountain of evidence contained in the dissent, just because, on points of law, two judges disagreed. They have to use their own judgement, which they are legally entitled to do.

     

     

    Patience, friends.

  17. . . . PFAyr . I agree but it will mean an unbearable onslaught from all sides that they were victims of an HMRC-led test case and calls for them to reinstated as oldco. Whether that can be done I have no idea but you can be sure they’ll receive favorable hearings by all the blazers.

  18. Full-time in Moscow.

     

     

    Spartak 0-3 Barcelona.

     

     

    Celtic will play European knock-out football after Christmas. Congratulations Neil and the Bhoys.

  19. Today’s lesson seems to be it is ok to cheat. Msm now asking for no spl or sfa punishment now of course. Marvellous.

     

     

    I’m away to watch an untainted team try to win fair and square

  20. Deniabhoy

     

     

    Agree with them , tell them it’s an outrage and then laugh uncontrollably at them

  21. Gene's a Bhoys name on

    Lookng at the Barsa /Spartak game – just shows what a great result we had against them – good luck tonight

     

     

    Celtic top on – check

     

    Mrs Gene at our daughters – check

     

    Beer in fridge – check

     

    nerves kicking in – check

  22. Am I right in thinking that the side letters could have been registered with the SFA without affecting the effectiveness of the EBT scheme?

  23. Hankray

     

     

    Guid Point..lad..

     

     

    Ah furgoat aboot the qualifiers…

     

     

    So…faur.. Ah figger..

     

     

    that We hiv.. Collected..

     

     

    Twenty Four Millions..

     

     

    No bad.. fae a Team Fae Parkheid oan the Clyde?

     

     

    Kojo

     

    Still, Laughin’

  24. James Forrest is Neil Lennon! We are ALL Neil Lennon!

     

     

    18:50 on 20 November, 2012

     

     

     

    Heidi’s a burd.