professional player - tax saving schemes

1
55 U nless viewing media with eyes wide shut, the damage caused to talented high net worth individuals, including many footballers, by tax avoiding or tax mitigation schemes is obvious. HMRC, the tax authority, wants to maximise the return for the Treasury. It does not care how money was made and targets everyone without fear or favour. People in the public eye (including entertainers, sportsmen and entrepreneurs) are ‘attractive’ targets because of the free publicity which accompanies them. Jimmy Carr was forced into a very public apology for a ‘terrible error of judgment’ over a tax scheme which had been professionally recommended to him. at was pure joy for HMRC - a high profile entertainer publicly declaring that he had been “morally wrong”. HMRC uses the Court of public opinion to judge footballers as immoral or borderline criminal for trying to reduce tax payments legally. In most cases the players had professional advice. Stories of star footballers being made bankrupt also adds to the deterrent for others. What schemes are involved? Film Schemes and Employment Benefit Trusts are the current targets, but there are hundreds, if not thousands, of variations. Are they all bound to fail? No. Many of the schemes are perfectly fine. e British Film Industry has thrived on the investment attracted by the tax benefit. Problems occur when lines are crossed. If the scheme is fine, surely that’s ok then? e scheme could be legal but it may not have been right for you, which is why you may have a tax demand. e scheme is not fine, am I stuffed? It depends. Take advice promptly. Action may be taken in relation to the scheme to make recovery or limit damage. I’m told to pay more than I saved, is this right? Potentially. You will need to negotiate with HMRC who will take your personal circumstances (including steps you are taking against others) into account. Is anyone to blame? Quite possibly. Sometimes the scheme itself is at fault and action can be taken. Alternatively, legitimate schemes have been mis-sold by the Banks, financial advisers, accountants or managers; and sometimes secret commissions are paid. What about me? You are not to blame. ere is nothing wrong with acting on advice to reduce legally the tax you pay. Can I get any money back? Potentially, it depends on your individual circumstances and what happened. Sometimes, the advisers were in a similar positon and have also been hoodwinked. Also you need to be sure that the person at fault has the money to pay you back before you go after them. What should I do? You should take independent legal advice from an expert who knows what they are talking about not connected with your arrangements. Will action cost me more than I have? Once you have advice that there is a case to be answered, there are many ways of funding the challenge to minimise your risk and outlay. Can I trust you? Yes, absolutely. We are here to help and have significant experience in this area; having acted for victims and managers. We will find a solution that works best for you and help you with the media management. For further information please contact Lois Langton: [email protected] or Fiona Hinds: [email protected] Joint heads of the Sport Individuals team HELP! I’m a footballer... Get me out of a tax saving scheme! Sue Thackeray, Head of Commercial Litigation at Howard Kennedy examines tax schemes. 55 Leftt: Lois Langton Right: Fiona Hinds Sue Thackeray

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Sue Thackeray, Head of Commercial Litigation examines tax schemes.

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Page 1: Professional Player - Tax saving schemes

54 55Visit: theprofessionalplayer.co.uk

The evening started in the El Dumpo club in Hemel with the rest of the squad, a bevy of girls and some hangers-on. The boys got plenty of attention from the girls and a lot of aggravation

from supporters of the team’s biggest rivals, who were also in the club. After a bit too much abuse and a lot of booze, Geoff decided to have a word with the rival fans and sauntered over to the dance floor, where the gobbiest ones were. Heading for the ring leader and after one insult too many, Geoff snapped, decking his opponent with one swipe of his huge goalie’s paw. John was soon on the scene like the sheriff and a good old fashioned brawl broke out, with chairs broken and tables smashed. The rival fans were slaughtered and ran for their lives, designer shirts torn and covered in beer.

And now that they were so manly the girls loved them even more and stayed with them for more champagne. One petite model type seemed particularly interested in them (and particularly drunk) and at about 2am the boys found themselves in a hotel room with her, the kit man and a video camera. She didn’t speak English and couldn’t really speak at all but one thing led to another and they all seemed to enjoy themselves. And then they fell asleep.

The girl had gone in the morning and so had the kit man.  Geoff’s head was pounding. And pounding. As if someone were knocking on the door.

“Open up, it’s the police. You are under arrest for rape of X and GBH at the El Dumpo club. We have a statement from the victim who is 17 and the CCTV from the club. And what’s on this video camera...?”.

Rather than immediately phoning HK United’s lawyers, who would have been able to advise on what to do next, Geoff said “But we didn’t do anything wrong, it was self-defence at the club and X was all over us”.

‘Tell it to the judge,” said the cops, and off they went to the police station, a year of court hearings, expensive legal fees, bad publicity, the possible loss of sponsorship, being suspended by the club, or possibly let go if they were out of contract.

Slowly it dawned on them that this was why the Boss said “Enjoy yourselves but be careful”, and why they should have attended the talk given by HK United’s lawyers about the problems faced by professional footballers and how they should protect themselves. Instead they were on their way to the police station and a cell; their names were all over the press; and John would have to explain himself to his wife (and Geoff to his mum).

Unless viewing media with eyes wide shut, the damage caused to talented high net worth individuals, including many footballers, by tax avoiding or tax

mitigation schemes is obvious. HMRC, the tax authority, wants to

maximise the return for the Treasury. It does not care how money was made and targets everyone without fear or favour. People in the public eye (including entertainers, sportsmen and entrepreneurs) are ‘attractive’ targets because of the free publicity which accompanies them. Jimmy Carr was forced into a very public

apology for a ‘terrible error of judgment’ over a tax scheme which had been professionally recommended to him. That was pure joy for HMRC - a high profile entertainer publicly declaring that he had been “morally wrong”. HMRC uses the Court of public opinion

to judge footballers as immoral or borderline criminal for trying to reduce tax payments legally. In most cases the players had professional advice. Stories of star footballers being made bankrupt also adds to the deterrent for others.

What schemes are involved? Film Schemes and Employment Benefit Trusts are the current targets, but there are hundreds, if not thousands, of variations.

Are they all bound to fail? No. Many of the schemes are perfectly fine. The British Film Industry has thrived on the investment attracted by the tax benefit. Problems occur when lines are crossed.

If the scheme is fine, surely that’s ok then? The scheme could be legal but it may not have been right for you, which is why you may have a tax demand.

The scheme is not fine, am I stuffed? It depends. Take advice promptly. Action may be taken in relation to the scheme to make recovery or limit damage.

I’m told to pay more than I saved, is this right? Potentially. You will need to negotiate with HMRC who will take your personal circumstances (including steps you are taking against others) into account.

Is anyone to blame? Quite possibly. Sometimes the scheme itself is at fault and action can be taken. Alternatively, legitimate schemes have been mis-sold by the Banks, financial advisers, accountants or managers;

and sometimes secret commissions are paid. What about me? You are not to blame. There is nothing wrong

with acting on advice to reduce legally the tax you pay. Can I get any money back? Potentially, it depends on your

individual circumstances and what happened. Sometimes, the advisers were in a similar positon and have also been hoodwinked. Also you need to be sure that the person at fault has the money to pay you back before you go after them.What should I do? You should take independent legal advice

from an expert who knows what they are talking about not connected with your arrangements. Will action cost me more than I have? Once you have advice

that there is a case to be answered, there are many ways of funding the challenge to minimise your risk and outlay.Can I trust you? Yes, absolutely. We are here to help and have

significant experience in this area; having acted for victims and managers. We will find a solution that works best for you and help you with the media management.

For further information please contact Lois Langton: [email protected]

or Fiona Hinds: [email protected] heads of the Sport Individuals team

Geoff & John’s big night out

Geoff and John are fringe players for a Premier League team; Geoff an unfit third choice goalie and John a steady but always injured full back. They both play (occasionally) for HK United, but tonight they were

on top of the world as HK had won the League Cup, they had been on the bench and both had the first winners ‘medals of their long careers.

Ian Ryan, Head of Business Crime highlights the consequences of their actions on their night of fun, out on the tiles.

54

HELP! I’m a footballer... Get me out of a tax saving

scheme!Sue Thackeray, Head of Commercial Litigation

at Howard Kennedy examines tax schemes.

55

If you, your teammates or your club would benefit from understanding more about how we could help then please contact:

Lois Langton: [email protected]

or Fiona Hinds: [email protected]

Leftt: Lois Langton Right: Fiona Hinds

Ian Ryan

Sue Thackeray