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Stewart Weir on the tax case


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Tuesday

And Rangers win their appeal against a tax bill over its use of Employee Benefit Trusts. In essence, HMRC claimed the Ibrox were wrong in using the scheme from 2001 to 2010 to make £47.65m in payments to players and staff in the form of tax-free loans.

 

But a First Tier Tax Tribunal found on behalf of Rangers. Was I surprised? No, not really. Because all the way through this process, I listened to tax experts, and even a lawyer specialising in tax cases. To a man (and a woman) they said it was not a cut and dried decision. One, when I asked where he’d put his money, said he’d ‘toss a coin.’

 

Maybe I – and a few others – just bucked a trend by presuming innocent until proven guilty. What too many did was ask experts, and when they didn’t get the reply the wanted, moved onto another who gave them the answer that suited their agenda. And having hung, drawn and quartered Rangers over the last year and more on issue, it appears to have stuck in the throat of some who got it totally wrong that the tribunal could possible come down in favour of Rangers.

 

So this week we’ve had to hear and see doubts cast on the evidence provided to the tribunal, the tribunal itself, and the fact it was a majority and not a unanimous verdict (2 to 1) then that in itself casts doubt on the decision. Actually, it doesn’t. What it casts doubt over was HMRC’s reasons for pursuing this claim.

 

The verdict allowed some to ponder the legal v moral aspect of Rangers paying personnel in such a manner, handily it seems, ignoring that it wasn’t anyone in football who made up these rules and guidelines, but was cleared by HMRC and Treasury officials.

 

Of course, the country would be a better place if £47.65m had been lobbed back into the Chancellor’s pocket. But it wasn’t. And Rangers are not alone in finding tax loopholes to jump through.

 

Because what I find strange is how some journalists can be hyper-critical of Rangers, yet sit alongside colleagues who are probably taking tax advice themselves on the best way lump sums and redundancy payments should be paid to them in the most advantageous form.

 

Who knows, maybe some of the journalists on the Rangers case have themselves sought such guidance. Surely not.

 

What Rangers did – correctly it would appear – was play within a set of rules, guidelines and parameters. Just like Ferrari.

 

http://caledonianmercury.com/2012/11/25/weirs-week-24th-november-2012/0036112

 

(Stewart Weir is a former chief sportswriter for the Scottish Mirror.)

Edited by ian1964
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