In the current economic climate, it is probably quite right and proper that the Government focus its attention and resources on collecting tax where it is due. It is no secret that there are huge black holes in the Treasury’s budget which has implications for us all, regardless of which side of the political fence you sit. In the past couple of weeks, HMRC’s efforts to collect revenue has been as much of a story on the back pages of our newspapers as it is on the front pages and three high profile stories in the world of football have developed.
Firstly, we had the Harry Rednapp and Milan Mandaric trial for tax evasion. Both men were accused of failing to pay tax on a transaction of £180,000 between the two of them which they argued was a loan between friends for a business opportunity, rather than a bonus payment related to Harry Rednapp’s managerial position at Portsmouth FC. To the outsider, a high profile case, which is estimated to have cost £8 million to bring to court and which extended over a 5 year period, would appear to be an irresponsible waste of public funds – especially given that the tax liability would have only been around £50,000. Despite the failed prosecution, HMRC say they have “no regrets” about taking on the case. It is also clear that investigating so-called offshore ‘tax havens’ will remain one of HMRC’s top priorities going forwards. The fact that the CPS was willing to go after what was, in the football world, a relatively small amount of money, clearly demonstrates its appetite for prosecuting suspected tax evaders.
The not guilty verdict in the case certainly doesn’t mean that HMRC will soften their approach. Given the seriousness of the potential penalties, a very high standard of proof is demanded in criminal proceedings. This prosecution was fatally undermined by Redknapp successfully arguing that, if he really was conspiring to evade taxes, it wouldn’t have been worth his while doing it for such a (relatively) small amount of money. This was a basic flaw in the prosecution’s case and the jury evidently agreed.
We know that HMRC has been investigating the football industry for many years, armed with the idea that the prosecution of a high profile sports figure would act as a deterrent for anyone with undisclosed offshore assets. So, the publicity generated around this case has, at the very least, raised awareness of the issue of tax evasion to the ‘man on the street’.
The other two high profile cases involving HMRC this month centre on the administration of Rangers FC and Portsmouth FC.
In the case of Rangers FC, they were forced to appoint the administrators after HMRC pursued a case for £9 million in unpaid PAYE and VAT. This comes on top of another disputed claim of £49 million plus penalties, which could result in an overall £75 million bill for unpaid taxes. Part of the outstanding debt relates to the use of “disguised remuneration” schemes – Employment Benefit Trusts or EBTs, which have been used to pay staff of the club over a 10 year period. Rangers is by no means the only club to use such arrangements; in fact most of the Premiership clubs and many prominent UK businesses have used these structures. It would appear however that Rangers FC have failed to correctly administer the scheme and are now faced with a real possibility of liquidation.
Portsmouth FC have also entered into administration too, for the second time in the past three years. A demand for £1.9 million in unpaid taxes has been brought by HMRC which relates to two missed payments of £800,000 in the past couple of months. As well as this, Portsmouth are still paying off a £4 – £7 million bill for unpaid taxes from the previous ownership regime, so again the outlook for the club looks bleak at the present time.
In the cases of both Rangers and Portsmouth, there are suggestions that the fact that legal action has found its way into the media and on national TV, there has been some leaking of confidential customer information since all tax affairs are supposed to be strictly private and confidential. It has been suggested that Rangers will be taking legal advice on whether or not HMRC can be sued in this respect, but surely they have more important things to deal with at the present time.
The overall message for all should be clear. Make sure that whatever you do and whoever you deal with in respect of tax affairs, you always act in the most compliant manner possible. Cutting corners and turning a blind eye doesn’t work in the long run and no-one is beyond the reach of HMRC who clearly have a keen interest at the moment on clamping down on any breach of their rules. The same diligence in dealing with tax affairs should be demonstrated whether you are a top flight football club, a recruitment agency or an individual contractor.