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From the Rangerstaxcase blog
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I thought the ultimate responsibility for paying the correct amount of tax on income was with the individual? I.e. If your employer makes a mistake, then you have to make it good. It happened to me a few years ago when I moved job and I had to pay HMRC and then get it refunded from my employer.
I don't think there could be criminal charges about the basic operation of the scheme, but there have been stories alleging that documents were concealed or even destroyed when HMRC investigators visited the old company. That's where I think charges could be brought.
The LNS commission reported on sporting advantage on a false premise. At the time of the commission they said that as EBT's were legal no sporting advantage was gained as any club could have used them if they so chose.
Now it has been proven unanimously in the highest court in the land that the use of EBT's were illegal.
Therefore it is clear that Rangers illegal use of EBT's gave them an unfair sporting advantage.
The SFA can't hide behind this discredited LNS judgement any more.
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Quite apart from the implications to the now deceased Rangers, I bet there are an awful lot of clubs up and down the country presently ****ting themselves about when HMRC will come knocking on their door and seeking recompense.
The floodgates have been opened and it will be interesting to see which other teams are caught in the coming flood.
Am I the only one who would rather our club focussed on us and our future? Let others get on with the fight against rangers history
I agree...rule J16 provides for a range of penalties including the withdrawal of titles previously awarded. They can't simply ignore this now because Rangers died 5 years ago. To my mind, Oldco have yet to be fully punished - there was no relegation as Rangers died. The Rangers were (generously and overly favourably in my view) welcomed back into the Scottish League but had to start from the bottom...that's no punishment for oldco. Will it make a difference? Yes, to me as a football fan, the acknowledgment that these titles have been officially withdrawn will make a difference! Supporters of the new club should vent their anger at those who took the decision, I.e. Custodians of the old club, not Scottish football or fans of other clubs....or other religions for that matter but I guess they need a bit of time to vent about last night first!
I'm not all that interested in arguing about whether or not they are docked titles of the past.
I'd like some clarification though that the footballing authorities in Scotland have learned from the experience, that the current competition is fair, and that the rules on financial doping are clear, unequivocal and that the punishments for breaking the rules are enforced when clubs break them.
I'm not convinced we're there yet.
The "financial doping era" of Scottish football was a truly shameful period in its history. That doesn't change whether titles are docked or not.
I'd like to think Rod Petrie has better things to do with his time than pursue an agenda that is primarily driven by Celtic fans.
I think there is very little appetite among any of the clubs to revisit this, including Celtic. If anything is to be done, the pressure will have to be applied by the fans. Without pressure from top flight fans, the New Huns would've come straight into the SPL in their first season. Without pressure from lower tier fans, the New Huns would've come straight into the first division in their first season.
The SFA/SP(F)L have effectively abandoned all pretence at governance over the Hun fiasco. Any sweeping under rugs or bending rules is considered fair game if it keeps a "Rangers" in the Scottish game.
This suggests that some did, while others didn't.
https://www.sportinglife.com/footbal...sh-clubs/42677
As ever, we can't know the truth unless the clubs themselves go public, or there is a similar Court case.
This can't be dismissed as a Rangers/Celtic thing.
Every Hibs fan and every supporter of every other top flight club put their hard earned cash into a rigged game for years. The authorities are complicit in sweeping this under the carpet.
This is THE biggest scandal in British sport in our lifetimes and people are shrugging their shoulders. I don't get it.
http://www.dailyrecord.co.uk/sport/football/football-news/englands-top-clubs-could-face-9995113
Due to the amount of money and the timescale involved I cant see how the governing bodies in this country cannot act.
Alex Thomson tweets:
Quote:
alex thomsonVerified account
@alextomo
The governance of Scottish football under Regan and Doncaster is totally exposed by the Supreme Court. The position of both is untenable.
2:01 AM - 5 Jul 2017
our old chum RTC resurfaced on twitter. :not worth
https://twitter.com/rangerstaxcase/s...41898585583616
Yep, fair enough. I do pretty much agree.
I'm not too impressed that I bought season tickets for a rigged competition for a number of years.
The key part of the phrase though was "primarily by Celtic fans".
I think most fans of most clubs would want to see Rangers docked titles, partly for decent reasons (sporting integrity) and partly to see the boot put into a widely unpopular club.
But it's different from the Celtic angle. They'll be unanimous that titles should be docked and are reaching a foaming-mouthed frenzy over the whole thing.
If Petrie does pursue a particular line, I hope that it is partly as a result of gauging opinion amongst the Hibs support but mainly for what he feels is in the best interests of the Scottish game.
FWIW I've heard that Petrie was very forceful in the past in relation to seeing Rangers/Sevco/whoever being punished. He pushed for titles to be stripped, before the notorious "5 way agreement" was reached, an agreement that Petrie felt was soft on Rangers.
I tend to agree.
Would any lawyer entertain a fan's claim that he was sold thousands of pounds worth of tickets under false pretenses? Probably not but just the challenge could cause a stir.
Maybe we'll end up down the salary cap path at some point.
I don't see either happening but this is a huge thing.
Not quite correct.
Lord Hodge said in today's judgement;
"The legislative code for the taxation of income has developed over time to reflect changing governmental policies in relation to taxation, to remove loopholes in the tax regime and to respond to the behaviour of taxpayers. Such responses include the enactment of provisions to nullify the effects of otherwise successful tax avoidance schemes (or schemes which were apparently successful pending a definitive judicial determination)."
What this means is that when the EBTs were being used they were regarded by the users as successful avoidance schemes, or at least were not unsuccessful. HMRC had the opposing view. Until today, the definitive judicial determination is that the scheme failed to have the tax effect that the promoters designed for. Until today, there was no authority for saying what was done in 2001 to 2009 was anything other than attempt at effective tax planning. The judicial process has now decided that the steps taken in the avoidance scheme were not sufficient to have the effect for income tax purposes that they were intended to have.
The LNS 'judgement' was along the lines I've mentioned here, I think. No one could say with any legal authority, at the relevant time, that what the huns did was wrong.
It's definitely not a Rangers/Celtic thing. I was at Easter road and had to watch as they celebrated on our pitch winning a title in the last minute of the game when every single player and their whole management team was being paid illegally through EBTs. You can't be a sports fan and just let that stand.
Rules are there for a reason and they have to be applied to all clubs.
The rules state that if a player is not registered properly then the game is forfeited 3-0. This has to be applied to Rangers just the same as its applied to Spartans when they were kicked out the Scottish cup for missing a signature.
If we are saying that Rangers have different rules then why bother going to watch football at all?
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That's my fear.
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After the way the huns and the media hounded us after the cup final, I think Rod may well push for them to be stripped, I bloody hope so,
GO ON ROD, YOU KNOW IT MAKES SENSE.
Do it and I will forgive you for all the poor managerial appointments in the past
If a proper big club like Juventus can have titles striped then so can that mob.
I read on the BBC that the goverment will likely pass a bill whereby EBT loans will be subjected to Tax from 1999 onwards if not repaid .
Bad 24 hours for the people !
I thought Rodders was Vice President of the SFA?
Has this changed or is his appointment as Chairman an internet fact?
Last I heard he was Chair of the Professional Game Board, but that was about it.
I'm probably behind the times as usual.
Appeal rejected unanimously in the Supreme Court. Are we actually going to get sanctions here?
Exactly Sean. No doubt their pondlife supporters will argue their innocence in their usual Billy Big Baws, weearrapeepul bullsh*t way. If this gets swept under the rug again, like every other misdemeanor that club are guilty of, then its as big a scandal as their EBT scheme cheating. Heads must roll and those two muppets in charge of our game need to go.
I suspect the poster is referring to the Finance Bill 2017. There is a Disguised Remuneration charge in there relating to any EBT loans outstanding as at April 2019. Whilst enactment of that particular piece of the Finance Bill 2017 was postponed because the general election was called, it definitely will come into effect. The beneficiaries of the loans are liable for the tax and NIC. In the normal course of events, HMRC will look to the employer to remit the tax and NIC due under the charge...quite how that works for oldco I have no idea. Perhaps HMRC will go directly after the beneficiaries...:cb
Ah gotcha.
This is KPMG's take on things. It seems that it is the employer who is liable... which is, after all, what this case has (broadly) been about.
https://home.kpmg.com/uk/en/home/ins...ion-legis.html
The bit in bold... that's the (hitherto) accepted way for HMRC to deal with deficient staff schemes. From various comments on social media, though, they seem to have changed their tack recently and are going after the recipients for the tax.
Are any of them saying that they aren't the same club now? :greengrin
Exactly, why some folk are wanting this to just blow over is beyond me? We need to rid our game of all the corruption, and this is just the start of it.
Dock them 3 points for every win and every title they won, doing nothing is just wrong and criminal. This should never be allowed to happen again, and a full punishment would go a long way of ensuring this.
The side letters and all other 'steps' were simply steps in the avoidance scheme. It would be a leap of faith, I think, to suggest that the side letters had nothing to do with the avoidance scheme and were created solely to 'fool' the footballing authorities.
You may note the example in the decision where Player A was contracted to £416,000 per annum, which net of tax would be around £250,000. The player would be rewarded by having two payments of £125,000 paid into his sub trust. So, in this example, you could say that the contract was overstated and nothing was hidden from the football authority.
This is getting into too much detail. It is no surprise that these issues are complex, so much so that the whole saga has gone on for over 5 years at litigation level and longer when taking account of a presumed extensive investigation by HMRC, and correspondence which may well have gone on for a number of years prior to litigation.
Having said that, I now note that the SPFL will now take time to "consider any implications for the SPFL."
Their analysis of the legality or otherwise is awaited with interest. However, I'd be surprised if they could make a case for cheating based solely on legal concepts. Morally Rangers don't have a leg to stand on, imo, but that's not the same thing.
You are correct, my apologies...
http://www.scottishfa.co.uk/scottish....cfm?page=2560
Still doesn't dilute his SFA influence though.
Don't see the point in stripping them of titles.
No one gains anything from it and as far as Rangers go they would still say they had won them.
The new board aren't responsible for what went on before so don't see how they can be blamed or fined for the actions of others.
Sorry, I know this isn't a popular view!!
The only punishment old Rangers ever got was a small fine - which they still havent paid.
Never let them forget they have yet to be properly punished.
Being forced to restart in D3 was a circumventing of the rules for their benefit... it was not a punishment as the Gers Media types like to lie about.
He will have his say no doubt, but no more influence or sway than the others. The usual governance and corporate responsibility will no doubt have the effect of damping any feelings of action.
He could always resign if he was unable to live with the agreed stance of course........
Probably not though eh.
I sense that the SFA and SPFL would like to impose some sort of sanction, but haven't a clue what any sanction might consist of.
This is like the football equivalent of PPI. Let history be corrected so that those in the future can see the justice that should be brought against Rangers Football Club.
They like to come up with sanctions that aren't really sanctions like .....the transfer embargo which starts AFTER the transfer window shuts.....the 225K fine for not paying £9m VAT bill and.......the 10 point penalty which dropped Rangers from 2nd in the league to eeerrrrmm 2nd in the league.:cb
We're there any other clubs using these EBT schemes I wonder?
Perhaps in England?
The reason Celtic fans want to have the titles removed is so that they can reclaim soul ownership of "9 in a row." No other club or fans would benefit apart from seeing fair play done. So far as the titles and cups won, they are all tarnished whether or not the SFA take any formal action to remove them.
It sends a message to future cheats that justice will be done.
Nobody gains from stripping Lance Armstrong of his titles but who could argue it's the right thing to do? Ben Johnson?
You are correct it's nothing to do with new Rangers but no one is arguing that it is?
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http://www.bbc.co.uk/sport/football/40505839
Will those who took part now be chased for unpaid tax?
The company is liable for the tax but given the company is in liquidation then the buck stops with the liquidators - in this case BDO. This doesn't mean that individuals who were in receipt of an EBT escape payment. Legislation is expected in the next few months that will require tax to be paid on all loans received through the EBT process from 1999 onwards.
I've just had an unpleasant thought. If Rangers are stripped of their titles I assume that the teams coming second in the relevant years are credited with winning the league in those seasons. A brief look at the records shows a certain Gorgie club as runners up at least once.
David Murray still in denial / trying to deflect from his illegal activities and create some kind of philanthropic sob story that he was actually helping the poor small businesses, and blame it all on Craig Whyte again.
From the BBC story:
He said: "It should be emphasised that there have been no allegations made by HMRC or any of the courts that the club was involved in tax evasion, which is a criminal offence.
"The decision will be greeted with dismay by the ordinary creditors of the club, many of which are small businesses, who will now receive a much lower distribution in the liquidation of the club, which occurred during the ownership of Craig Whyte, than may otherwise have been the case."
It just beggars belief...
It wouldn't be right to void the season for everybody because of The Rangers' behaviour. Though I very much doubt trophies won during the EBT era will be stripped, it's a valid discussion to have. The Rangers had an unfair advantage, paying players wages that were otherwise unaffordable. It's a clear case of cheating which needs to be fully debated.
Any Hibs fan who is apathetic or has a 'meh' attitude towards justice against the crimes and cheating of Rangers Football Club (1872-2012) is, with respect, a cretin.
The Tour de France just have an asterisk where Lance Armstrong used to be.
That's what should happen in Scotland.
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Well, if that's your view then you're entitled to it....but while you've got it, away and boil yer heid and make daft soup! Stripping the titles would finally be some form of punishment the old club can't avoid. No need to award the stripped titles to others, just a clear and official recognition that cheating isn't acceptable. The old club is punished, the record books amended and we can all move on.
I see Sir David Murray has released a statement decrying the Supreme Court verdict. What a surprise. :rolleyes:
In it, Murray claims the court decision "will be greeted with dismay by ordinary creditors of the club (as was), many of whom are small businesses, who will now receive a much lower distribution in the liquidation of the club than may otherwise have been the case." So whose to blame for that SDM?
Just like the hard pressed British taxpayer was deprived of revenue by his EBTs. Presumably HMRC will now pursue those individuals for any tax payable?
Belter of a quote on Follow Follow:
'I know that it’s been stated on here that there’s no appetite in the SFA to go down the road of attempting to rob us of titles won squarely and fairly on the field of play, but if the last five years has taught us anything, its that Scotland is a country consumed with hatred'.
:faf:
A unanimous verdict against them in the highest court in the land, but it's all a conspiracy against The Rangers, who won those trophies 'fairly and squarely'. They are head cases.
All other clubs in Scotland should release a joint statement demanding an independent inquiry with the power to make formal recommendations of sanctions to the SFA. Take the initiative here.
[QUOTE=heretoday;5091382]I've just had an unpleasant thought. If Rangers are stripped of their titles I assume that the teams coming second in the relevant years are credited with winning the league in those seasons. A brief look at the records shows a certain Gorgie club as runners up at least once.[/QUO
You could recalculate the league removing all dead Rangers results.
Anyone know what happened when Juve were stripped of their title?
[QUOTE=Crazyhorse;5091432]They got the title stripped and it was not reassigned I think, just checked and this on wiki ,Stripped of the 2004–05 Serie A title
• 2004–05 title not assigned
• Downgraded to last place in the 2005–06 championship (title given to Inter) and relegation to Serie B.
I'm going to be out on my own in this one but feel this is a very difficult topic to apportion blame ...despite wanting the Huns to be pilloried for any remote reason ...it's hard to suggest retrospective punishment here. They took an approach to minimise the tax position of their players and employees...that tax approach would have been subject to advice from many experts..and they went forward on that basis.. it was not at the time views as illegal..in fact it seems to have been in line with the then HMRC guidance . HMRC have won this case that sets a precedent that this was wrong , not allowable ..actually. That is quite unique about the HMRC - they win cases that allows retrospective impacts - they do it in other fields too - such as the handling of contractor status ..which can create previous year's liabilities for individuals and employers ...
Feels to me unfair actually that the HMRC can win cases which impact the past - it would be more fair to force people to change with immediate effect ...
That said , GIRUY Sevco. [emoji2]
Celtic Statement
WE note today’s decision by the Supreme Court. Celtic's position on this issue has been consistent - that this has always been a matter for the courts of law and also the Scottish football authorities, whose rules are intended to uphold sporting integrity.
In 2013, we expressed surprise - shared by many observers and supporters of the game - over the findings of the SPL Commission that no competitive or sporting advantage had resulted. Today’s decision only re-affirms that view.
We are sure now that the footballing authorities in Scotland will wish to review this matter. Celtic awaits the outcome of their review.
http://www.celticfc.net/news/12873
How can it just be 'effective tax planning' as suggested in a couple of posts above if it required the concealment of 2nd contracts from both HMRC and the SFA?
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How can The Rangers be stripped of their titles when they haven't yet won any? :confused:
Good on Celtic. I wish we would do the same.
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[QUOTE=livi hibs 1875;5091439][QUOTE=Hibernia&Alba;5091437]This is one of the problems I have with the idea of stripping titles.
I'm reasonably comfortable with the concept of titles being scratched from the record.
But could anyone, anywhere seriously say that any sort of justice had been done if a title was taken from Rangers for financial doping then award to Hearts? Yes, that financially super pumped Hearts side that was created with funds way beyond their means and is probably still being paid for by Lithuanian pensioners.
It was a murky, dark period for Scottish football full stop. There many clubs "at it". Rangers, Hearts, Motherwell, Dundee, Gretna......Many clubs lived beyond their means, gained a sporting advantage and paid for it by stiffing small businesses and creditors. How many games during that period were genuinely played on a level playing field? Not many, and Rangers were far from alone in their misdeeds.
There will be clubs like Celtic, Hibs and St Johnstone who should come out of that period with their heads held high and their dignity intact, which in many ways counts for a bit more than a few tainted trophies. Winning a trophy by cheating ain't that great, winning one for coming second irrespective of the circumstances isn't really something to shout about either.
Rather than scratching around trying to re-write the record books from a decade ago, the only priority for me is ensuring that our current set of rules and our current set of people enforcing them stand up to scrutiny. I'm not entirely sure they do.
I was just about to say over to you Hibernian....
Same goes for Aberdeen, Partick Thistle, Dundee United and so on and so on.
Titles stripped null and void massive asterisk beside those years.
For what it's worth I don't doubt Lawell and Leanne Dempster and co have spoken about this outcome and what to do next. More to come I think.
A lot of the chairmen and women of Scottish football are pretty cosy though. Yes, Rangers have gone out on a limb over the past few years but there is still probably a working relationship that exists with them. I'd be surprised if there is a natural appetite amongst the the teams other than Celtic to do much.
A quick glance around a few message boards though and it becomes clear that the fans of all clubs feel very strongly about this matter. Fan power brought about a big change 5 years or so ago and it might well do the same again.
Fans need to put pressure on their clubs to do so, nevermind Celtic, Hibernian have lost out. Champions league revenue for many clubs lost out, how different would the landscape of Scottish football be today?
It's plain to see the SFA have done what they could to help out the dead club and keep everything hush hush and they have been exposed they've put the game in disrepute, we've all been cheated.
For this to never happen again the right thing must be done, I don't want those titles by the way that's not my agenda. I just want it in the history books they cheated us all, and the SFA were complicit by the way heads must role. Hibernian and the rest imo need to make a stand on this.
I'm still worried about the stripping business. I think Hearts lost to the Rangers in a couple of Hampden finals during that time. Did we not lose a league cup to them too? Or was that earlier?
Clearly this is going to have huge repercussions way over and above football clubs,many of whom,like Celtic,have already settled.Next target for HMRC will be individuals who claim self employed status while working for only one "employer" and individuals forming companies to shelter their income and avoid tax and nic while really being employee.s
Hearts never finished 2nd, so no need to worry on that front.
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We need to release an official statement on this issue.
ASAP.
No we don't.
I'd be surprised if any other clubs release a statement on it. Happy to be proved wrong but I think Celtic will have to go it alone on that front.