: Thu Apr 02, 2009 9:44 pm
G1 wrote:
No. My understanding is it counts on the cap. This was purely a tax saving for the players benefit, making their salaries over here a much more attractive proposition for them.
To reiterate, there was nothing wrong in this at all. Its' just a loop-hole that is being closed.
Sorry Gareth but you have missed the key point here.
If (and I stress if) clubs are found by HMRC to have made payments to players free of (or at reduced rates of) tax or NIC, and IF it is determined that tax and NIC has been underdeducted and paid as a result, THEN the clubs will be required to account for that tax - plus interest and penalties - to HMRC. Likely going back six years.
That's bad enough.
But the really interesting issue is the effect on compliance with the salary cap. Because its the grossed-up amounts that would rank under the cap, not the net amounts actually paid. Which for clubs involved could well mean an immediate and retrospective salary cap breach for anything up to six years.
Its all hypothetical at this stage, as no-one has yet admitted to having had to settle with HMRC over this issue, but it does seem to be widely understood that HMRC HAVE been investigating these practices and that such practices HAVE been taking place.
The response of the RFL regarding retrospective SC breaches should it transpire that clubs DO have to settle with HMRC will be...interesting.