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Court of Session rules in favour of HMRC + Rangers Issue Statement


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The SFA/SPL commissioned LNS to determine whether the EBT's were undisclosed contractual payments which were unfair. 'No sporting advantage' was his verdict.

HMRC'S pursuit of the MIH EBT scheme was as regards to tax liabilities on it.

 

Two completely separate issues

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The SFA/SPL commissioned LNS to determine whether the EBT's were undisclosed contractual payments which were unfair. 'No sporting advantage' was his verdict.

HMRC'S pursuit of the MIH EBT scheme was as regards to tax liabilities on it.

 

Two completely separate issues

 

Sadly this is not how it is being reported, however.

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Seems to me that we haven't had a sporting advantage. How much did we save by not paying taxes? 20m odd? HMRC ramped it up to 46m in penalties but how can you have penalties when a first and upper tribunal think you did no wrong? If they get it wrong then how are lesser mortals supposed to get it right.

 

In the meantime we've lost more than £46m and Celtic have been handed 4 titles, and maybe more - so where is the sporting advantage?

 

Seems to me that if HMRC had done the "common sense" thing and settled for a reasonable amount - say the actual amount that would have been due, then we would have paid it. And so again, where would the sporting advantage be?

 

The premise is that we couldn't have otherwise afforded the players but the actually reality for those who don't have a twister and bitter view, is that we COULD have afforded the the players AND the tax, we would just have had a bigger debt to pay off - and as such would have been much better off now.

 

The whole advantage thing is just erroneous.

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Half inched from FF courtesy of the poster Vidmar...

 

Having read the judgement I'm quite uncomfortable with the "common sense" line.

 

Most folk can see the EBT payments were benefits of employment, the argument was a very technical legal point about the structure of the Trust and the route the cash was sent down, and ultimately returned; essentially 'did RFC exploit the loophole correctly?'

 

Thus, it seems flippant to apply 'common sense' to these complexities. I also note the second strand to HMRC's appeal was unsuccessful.

 

It'd be crazy not to appeal to the Supreme Court, which will almost certainly be allowed given the history.

 

Wait and see.

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Seems to me that we haven't had a sporting advantage. How much did we save by not paying taxes? 20m odd? HMRC ramped it up to 46m in penalties but how can you have penalties when a first and upper tribunal think you did no wrong? If they get it wrong then how are lesser mortals supposed to get it right.

 

In the meantime we've lost more than £46m and Celtic have been handed 4 titles, and maybe more - so where is the sporting advantage?

 

Seems to me that if HMRC had done the "common sense" thing and settled for a reasonable amount - say the actual amount that would have been due, then we would have paid it. And so again, where would the sporting advantage be?

 

The premise is that we couldn't have otherwise afforded the players but the actually reality for those who don't have a twister and bitter view, is that we COULD have afforded the the players AND the tax, we would just have had a bigger debt to pay off - and as such would have been much better off now.

 

The whole advantage thing is just erroneous.

 

Agree Calscot but for Lord Drummond Young to then say “Furthermore, so far as the footballers are concerned, at least, it seems to us that if bonuses had not been paid they might well have taken their services elsewhere." to just plain shit stirring.

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Agree Calscot but for Lord Drummond Young to then say “Furthermore, so far as the footballers are concerned, at least, it seems to us that if bonuses had not been paid they might well have taken their services elsewhere." to just plain shit stirring.

 

Did he say that? EBT's were nothing to do with bonuses

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