Tax
Football's Tax Troubles: HMRC, Newcastle United, Spain
A round-up of the latest tax issues within the world of football.
Newcastle United
English Premier League side Newcastle United has lost a High
Court challenge over the seizure of documents during a raid by
tax officials from HMRC,
which was part of a
probe into suspected income tax and National Insurance fraud,
the Daily Mail has said.
According to the newswire, two judges, sitting in London on
Wednesday, rejected a challenge by Newcastle over the legality of
search-and-seize orders obtained by HMRC from a judge at Leeds
Crown Court.
HM Revenue & Customs, the UK tax authority, had obtained and
seized business and financial records as well as computers and
phones belonging to the Northeast club during April’s raid. The
investigation by the tax office was triggered due to financial
issues within Demba Ba’s
free transfer from West Ham United, another Premier League
side that was also raided, to Newcastle.
A full court case was ordered after
HMRC’s tax officials were banned in June by a High Court
judge from examining material seized from Newcastle’s ground,
after the club made a legal challenge.
During the case on Wednesday, Lord Justice Beatson and Mrs
Justice Whipple ruled: “The warrants were lawfully issued.”
In a statement, a spokesman for HMRC said: “HMRC is pleased that
the court agreed these warrants were lawful and justified in this
case, and rejected each of the five grounds for which the review
was sought. Our investigation into suspected tax fraud
continues.”
The club said on its website: “We are disappointed with this
decision given the court’s findings. We are considering all of
our options with our advisors, including whether to pursue an
appeal.”
Marcelo
Brazil and Real Madrid footballer Marcelo has become the latest
player in Spain to be investigated by the country’s tax
authorities, according to the Sun.
Jose Mourinho, Cristiano Ronaldo and Lionel
Messi have all been investigated for different reasons within
the last 12 months.
The newswire said Marcelo faces investigation by the Spanish tax
authorities over image rights payments. The authorities are
looking into the money Marcelo declared in 2013.
According to a Spanish newspaper El Mundo, the Spanish
tax agency AEAT has filed papers to the prosecutors for economic
crimes to consider whether he needs to face court action over
alleged unpaid taxes.
The Sun said that the Brazilian star filed his accounts
for the 2013 two years ago, declaring £350,000 ($461,000) in
image rights through the corporate tax scheme.
But the AEAT believe Marcelo should have declared the money he
earned as a personal tax payment, which means he should have paid
more to the state.
The 29-year-old has said all tax has been paid properly.
Miles Dean, a partner at Milestone International Tax, spoke about
the latest tax issue in the world of football surrounding
Marcelo.
"Footballers and image rights are a dangerous combination,
especially when the cocktail is being stirred by the ever thirsty
agent,” said Dean. “It appears Marcelo has been hard done by. He
settled his tax debts in 2013, which he might legitimately have
expected to be the end of the story, only for the Spanish
authorities to reopen the case on new grounds, this time
targeting his personal tax affairs, rather than corporate. It
doesn't appear that any new facts have come to light which would
justify this second bite of the cherry, suggesting instead that
emboldened Spanish officials simply see footballers as rich
pickings."