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       #Post#: 28026--------------------------------------------------
       Re: Saracens salary cap storm transferred to independent panel
   DIR By: gregory p
       Date: September 6, 2019, 11:33 am
       ---------------------------------------------------------
       I found this flier at Sarries game some years ago....it was when
       Chris Ashton had his ban for gouging contact with the eye
       area......and it seems topical again
       [attach=1]
       [attachment deleted by admin]
       #Post#: 28033--------------------------------------------------
       Re: Saracens salary cap storm transferred to independent panel
   DIR By: RodneyRegis
       Date: September 6, 2019, 2:40 pm
       ---------------------------------------------------------
       --- Quote from: DOK link ---
       >
       > Investigations Into Sarries' Salary Cap Heats Up
  HTML https://rugby365.com/countries/england/investigations-into-sarries-salary-cap-heats-up
       >
       > Some interesting stuff on the possible sanctions here
       >
       --- End Quote ---
       A list of sanctions, not any actual report on the case
       whatsoever.
       #Post#: 28035--------------------------------------------------
       Re: Saracens salary cap storm transferred to independent panel
   DIR By: Rocker
       Date: September 6, 2019, 2:47 pm
       ---------------------------------------------------------
       I just hope that they get the book thrown at them. It's not the
       first time they've been caught "bending" the salary cap rules
       and breaking them in spirit if not in the actual letter.
       Despicable behaviour
       #Post#: 28037--------------------------------------------------
       Re: Saracens salary cap storm transferred to independent panel
   DIR By: RodneyRegis
       Date: September 6, 2019, 2:51 pm
       ---------------------------------------------------------
       --- Quote from: Donuts link ---
       >
       > I think it will be difficult to confirm the value of the
       benefit to the players.
       > As I see it basically a company is formed and it acquires a
       property asset with a substantial loan from Nigel Wray.
       > At that point the company has no value as its assets (the
       property) equal the liabilities (the loan still due to Nigel
       Wray).
       > the only time that the player will benefit is if the asset
       grows in value which as it is property over time it is likely to
       or Nigel Wray decides he doesn't need his money back (which I
       suspect is what the plan is) and he agrees to write the loan
       off.
       > But if he doesn't do this until the player has long since
       retired then up until then the only increase in value is the
       gain in the property value plus any income form rental profits
       earned in the period. Normally properties in Investment
       companies should revalue their properties every three years but
       this isn't always done and in any case a friendly valuer can
       easily make this prudent.
       >
       > then there is the argument that all Nigel Wray is doing is
       acting as a mortgage provider (until/or if he writes the loan
       off).
       >
       > If he doesn't then all he is doing is as he claims helping
       take a step up the business ladder for their life beyond rugby
       >
       > would welcome other thoughts on this
       >
       >
       >
       --- End Quote ---
       I think you're making a mistake treating this as a
       business/accounting transaction.
       The point is that if the club/ionvestors are allowed to give
       loans, whether waived or repaid, they are getting round the cap.
       It's not illegal, and it's not an illegitimate business
       decision, it's a cap issue alone. And it's clearly a
       transactions which, even if not precluded under the current
       terms and thus considered a loophole, it will destroy the salary
       cap.
       I would think that Sarries will escape sanction with some
       wishy-washy nonsense about the spirit of the rules, but the
       loophole will be closed. Obviously the money can't be taken
       back, but Sarries won't be able to use the tactic again.
       Presumably the services of those players have been brought, I
       should think they have private agreements saying they have to
       give a certain number of years to the club, but they won't be
       able to bring anyone else in. One wonders if they have made
       promises to other signings which have been put on the back
       burner and we might see some high profile moves, or even players
       suing the club.
       #Post#: 28039--------------------------------------------------
       Re: Saracens salary cap storm transferred to independent panel
   DIR By: RodneyRegis
       Date: September 6, 2019, 2:58 pm
       ---------------------------------------------------------
       Having said that, hmmm. I'm not sure HMRC would be particularly
       happy with a business or investor giving significant loans to an
       employee outside PAYE. I hope any loans are charged interest at
       market rate. Even if not, there's a potential benefit there. Is
       Section 455 tax payable by Sarries?
       #Post#: 28040--------------------------------------------------
       Re: Saracens salary cap storm transferred to independent panel
   DIR By: RodneyRegis
       Date: September 6, 2019, 3:00 pm
       ---------------------------------------------------------
       --- Quote ---
       > any payment or benefit in kind paid or payable, provided or to
       be provided directly
       > or indirectly to or in respect of a Senior Player of a Club as
       part of that Player's Benefit
       > Year by:
       > (i) a Third Party or Third Parties; or
       > (ii) a Connected Party of the Club provided that:
       > (A) the event or events in question has not been arranged
       specifically for a
       > Connected Party. An event will be deemed to have been
       specifically
       > arranged for a Connected Party if the majority of the
       attendees are
       > representatives or guests of a Connected Party or Connected
       Parties;
       > (B) the event or events in question has not been sponsored,
       hosted by or
       > subsidised by a Connected Party;
       > (C) any such payment or benefit in kind from a Connected Party
       or a
       > representative of a Connected Party is paid or provided on the
       same or
       > similar terms and has the same or similar financial value as
       payments
       > or benefits in kind paid or provided by Third Parties
       attending the same
       > event. Any such payment or benefit in kind paid or provided by
       a
       > Connected Party or a representative of a Connected Party which
       has a
       > financial value over and above what is paid or provided by
       Third Parties
       > attending the same event will be prima facie deemed to
       constitute
       > Salary; and
       > (D) any such payment or benefit in kind from a Connected Party
       or a
       > representative of a Connected Party is, in the reasonable
       opinion of the
       > Salary Cap Manager, in line with payments or benefits provided
       by
       > Third Parties at the same or similar events by reference to
       events held
       > for the benefit of players of similar standing
       --- End Quote ---
       Bang to rights surely?
       #Post#: 28062--------------------------------------------------
       Re: Saracens salary cap storm transferred to independent panel
   DIR By: Yareet
       Date: September 7, 2019, 4:11 am
       ---------------------------------------------------------
       --- Quote from: RodneyRegis link ---
       >
       > Bang to rights surely?
       >
       --- End Quote ---
       I think that clause is specific to benefit years.
       Not saying there isn’t another clause that covers general
       players
       #Post#: 28082--------------------------------------------------
       Re: Saracens salary cap storm transferred to independent panel
   DIR By: deadlyfrom5yardsout
       Date: September 8, 2019, 4:28 am
       ---------------------------------------------------------
       Surely, as in refereeing, you make a judgement on the outcome
       not on the lead up events. As a result of what Saracens have
       done they have World Class players they simply could not have
       retained under the Salary Cap.
       Dock them 30 points and fine them a couple of £million to be
       paid out of the current Salary Cap. Also, have their books
       audited weekly.
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