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| Two very interesting posts I've come across, on the equivalent threads on Substandard and Wakethetrolls forums.
Firstly, Gareth on SS has pointed out what I'd have realised had I bothered to read the YEP article - that the High Court hearing was actually only yesterday, has actually only been adjourned, and that the whole thing could still blow up and finish Wakey off in less than three months if they don't meet the payments. Its more serious than I first thought. A lot more.
And that the Wakefield club's spin on it seems a tad at variance with the tone of the reported facts.
And secondly, on Wakey forum, a guy saying that (and to my surprise, I have to say) its down to tax arrears assessed regarding the Image Rights issue I have been going on about for ages. Unverified thus far, but if it IS maybe people will start seeing that this is a subject of rather more than just academic interest?
But as I said, that's just one post and the Wakey club have already stated they will make no further comment so we may never get to know the tale. If it IS down to this though, then it may be not entirely fair to accuse Wakey of short-term financial mismanagement.
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| Could we get Morro back cheap!
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| This time next year it could be a number of clubs in the Wildcats present situation .This has been a tough year and i bet a fair few clubs have asked for a percentage of their Sky money early
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| Quote ="Minorman"Could we get Morro back cheap!'"
Well McNamara would look even more of a tool then wouldn't he ?
"We don't want to take the risk and we are going to use the quota spot on elsewhere in the squad, but we'lltake him back once he' signed for someone else"
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| Quote ="JONNYGIANT"This time next year it could be a number of clubs in the Wildcats present situation .This has been a tough year and i bet a fair few clubs have asked for a percentage of their Sky money early'"
Think you'll be right there, and I don't think there'll be any club in Sl (apart from possibly Warrington) who won't be making cutbacks or looking for ways to smoothe things out financially.
As other posters have said, it would not be wise for any fan of any club to be mocking in any way shape or form.
I hope Wakey get this sorted out swiftly.
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| If we're not involved in the tax fiasco, its a tick in the plus column for the the chairman and the club (I'm right in thinking we aren't involved in the singapoore parachute or whatever they call it?)
Still a shocking shirt and not happy with the Sculthorpe signing though! 
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| Quote ="Adeybull"Two very interesting posts I've come across, on the equivalent threads on Substandard and Wakethetrolls forums.
Firstly, Gareth on SS has pointed out what I'd have realised had I bothered to read the YEP article - that the High Court hearing was actually only yesterday, has actually only been adjourned, and that the whole thing could still blow up and finish Wakey off in less than three months if they don't meet the payments. Its more serious than I first thought. A lot more.
And that the Wakefield club's spin on it seems a tad at variance with the tone of the reported facts.
And secondly, on Wakey forum, a guy saying that (and to my surprise, I have to say) its down to tax arrears assessed regarding the Image Rights issue I have been going on about for ages. Unverified thus far, but if it IS maybe people will start seeing that this is a subject of rather more than just academic interest?
But as I said, that's just one post and the Wakey club have already stated they will make no further comment so we may never get to know the tale. If it IS down to this though, then it may be not entirely fair to accuse Wakey of short-term financial mismanagement.'"
I thought the RFL were still in 'talks' with the tax authorities re Image rights on behalf of all SL clubs + other sports were also seeking to clarify matters.
More likely to be a more standard problem. Finding £200K may prove difficult especially if sponsorships and season ticket sales turn out to be poor (the chance of further substantial transfer fees is minimal). Indeed if things are as precarious as Adeybull indicates a supporter / sponsor may prefer to wait until next year before making a commitment.
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| Quote ="Adeybull"Posted this on the Wakey board. May be of passing interest to one or two, so will repeat on here. Bit boring, so don't bother reading unless you really want some background on HMRC and winding-up petitions and related issues:
Swore I'd never post on here again after the experience last time I did. But I'll make an exception - and certainly not to gloat (although heaven knows, it would be no more than some of the pond life from on here who have been gloating on Bulls board over recent weeks would deserve).
Just want to make a point, as someone who probably has more experience and knowledge of this kind of situation than most who post on these boards - given what I do for a living.
Firstly, I see people have been asking where the debt came from? I do not know the answer to that, and [url=http://www.wakefieldexpress.co.uk/news/Wakefield-Wildcats-just-avoid-going.5797989.jpthis[/url does not help much.
but I can tell you where the debt to HMRC for most companies who find themselves in this situation comes from. It comes from a combination of:
1. Tax and NIC deducted from employees salaries, which should be paid to HMRC by 19th of the following month. It is money that was never the company's - it is deductions from employees not yet paid over.
2. The employer's NIC contribution for those employees - ditto re payment date.
3. VAT charged to and collected from "customers" (speccies, sponsors, sky, RFL...most club income is standard-rated) on behalf of HMRC. Payable at latest a month after the end of each VAT quarter. And OK its net of VAT incurred, but a large part of club costs are people-costs which are outside of the VAT regime so you always end up with a sizeable VAT liability regardless of what profits or losses you are making. And again, this money was never the company's.
In most cases where HMRC has to resort to the High Court for a winding-up order, it is because the business has failed to pay over THESE taxes, which in the main were collected on behalf of HMRC and were NEVER THE BUSINESS's MONEY IN THE FIRST PLACE. The question I always put to people trying to come to terms with this is "how would YOU feel if the tax and NICs deducted from your pay by your employer were not paid over to the taxman, but the employer instead used them to finance their business?" (And many people not unreasonably IMO answer "better in the boss's pocket than the taxman's, if it keeps me in a job"icon_wink.gif
Now there are other taxes which might be unpaid, like corporation tax (which you have to make profits to pay...) and capital gains tax (e.g on sale of ground), so its not always the case that HMRC has lost patience because of the business holding on to money that was never actually theirs. Someone mentioned "image rights" - alluding to arrears of PAYE and NICs following any "grossing-up" settlement with HMRC for payments which should have been treated as pay and therefor taxed. Any or all of these may or may not be involved, although I have not heard Wakey being mentioned as a club most at risk under this last item - other clubs starting with "W" maybe...
But, as I said, its usually PAYE/NIC and VAT which triggers a winding up petition.
Back in the old days of "Crown Preference", most tax debts were "preferential creditors", paid out before the mass of other "unsecured" creditors. This meant that HMIT and HMC&E (as they then were) were generally a lot less likely to press for winding-up - since they would get paid in preference anyway. But following legislation a few years ago HMRC are now only on a par with all the other creditors. And since they can often be the one who does not get paid because if you don't pay your staff or suppliers or lenders you are dead, HMRC are these days far more worried about getting paid than they ever were. Hence a big increase in HMRC initiating winding-up.
And for the avoidance of doubt, the reports refer to a Winding-Up hearing. This is no minor difficulty. If the High Court believes the business is insolvent, in the absence of application by the company for an Administration Order then the High Court may well rule that the business is prima facie insolvent and grant the order. And the minute it does that and the order is stamped by the court, you are in liquidation. No way back. Dead.
And it looks like, from what has been reported, that was what your club has very narrowly avoided.
Don't be confused by talk of "receivers" and "receivership". That is an increasingly less common process whereby a secured lender's appointed insolvency practitioner/s takes control of the business to "receive" its assets to sell them to pay off the lender (bit like a glorified bailiff!). The reports refer to an "official receiver" - totally different. That is an official appointed by the court to conduct the winding up of a company put into compulsory liquidation by the court.
That is a quick and abbreviated few notes of mainly general application, which may or may not be relevant and of some assistance.
I take no satisfaction from what I read today (came as quite a shock, to be honest). It is not good for anyone (except maybe the insolvency practitioners, accountants and lawyers). I hope this gets resolved so your club can move on.'"
No doubt this was followed by the usual collection of idiots handing out the abuse and calling for a ban.
In fact, I would be mighty surprised if the PM from the mods was not in you inbox already.
Clowns, the vast majority of 'em.
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| Quote ="Adeybull"some of the arrogant gloating little toerags who have infested this board from Wakey way in recent weeks. '"
I protest. I'm actually from Donny/Ilkley.
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| Quote ="Highlander"Carnegie? Universities are going to be a bit strapped for cash soon as well I think - although people pay to go to Carnegie (from overseas)'"
That is an understatement. Carnegie, I would speculate, are further in the doo-doo than others.
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| Quote ="tigertot"That is an understatement. Carnegie, I would speculate, are further in the doo-doo than others.'"
Leeds Met certainly are. How many people have they laid off recently?
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| Quote ="Maccbull_BigBullyBooaza"Leeds Met certainly are. How many people have they laid off recently?'"
Leeds Carnegie/Met are sending out letters to ex graduates asking for donations.
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| Quote ="childofthenorthern"Leeds Carnegie/Met are sending out letters to ex graduates asking for donations.'"
Blimey, didn't think it was that bad!
Haven't Leeds Uni found a massive hole in their budget too?
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| Quote ="Bullseye"icon_eek.gif
Blimey, didn't think it was that bad!
Haven't Leeds Uni found a massive hole in their budget too?'"
Leeds Uni are also looking at laying off a number of staff. My wife works there but fortunately isn't affected.
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| Quote ="childofthenorthern"Leeds Carnegie/Met are sending out letters to ex graduates asking for donations.'"
Thats what happens when you decide to be a developer rather than an education institution.
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| Quote ="Bullseye"Haven't Leeds Uni found a massive hole in their budget too?'"
35 million, so it's still dwarved by their self-satisfaction.
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| Quote ="Bullseye"icon_eek.gif
Blimey, didn't think it was that bad!
Haven't Leeds Uni found a massive hole in their budget too?'"
There's nothing new in asking alumnii to cough up. Oxbridge don't survive on student fees alone.
Leeds Uni made about £11m profit last year, whcih is less than was expected, but still very healthy. It wants to cut costs by £35m to maintain its profitability. Some of those savings may well be in staff, difficult not to when (IIRC) over 60% of costs are staff. The union is campaigning agressively against any compulsory redundancies. I don't think there has ever been compulsory redundancies here.
Moving to Leeds Uni from Bradford reminds me of going to watch Bulls in the 90's after a lifetime of watching Cas. The smugness of those around you can be nauseating but after a while you can see their point.
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| Quote ="Adeybull"
But if IS down to this though, <taxation> then it may be not entirely fair to accuse Wakey of short-term financial mismanagement.'"
Absolutely agreed if this is the case.
You will know the HMRC's initial approach to these matters is to make an assessment for losses to the Revenue (as perceived by them) and offer a settlement amount with minimal penalties and interest if full disclosure and acceptance of liability is made forthwith.
If credence is given to some Wakey posters then this is what might have happened and Wakefield have deteremined their tax/nic liability and come to an agreement to pay it.
There may be other clubs involved in HMRC assessments who have not agreed a settlement and wish to fight HMRC's interpretation. The risk of failiure to prove their case would be financially disadvantageous in penalties and interest + the legal expenses thus accrueing.
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| Indeed what you say could well explain where the liability has appeared from. But (and yes indeed, that is the gist of HMRC's usual approach) what puzzles me is that if Wakey did indeed make an offer to HMRC in settlement, and HMRC accepted that offer, then WHY did HMRC proceed to petition for winding up? The only conclusion you can draw surely is that HMRC raised their agreed assessments and Wakey then failed to pay within the agreed timescale? And were unable to agree more time to pay with HMRC?
Given the length of time that elapses before HMRC go nuclear, by extension you would have to conclude that these assessments were raised some time ago? and if so, maybe the failure of so many Wakey fans to turn up when their club was having its best season for ages hit the club finances so hard that they were unable to meet the payments? Speculation, but what other explanation is there?
As I said, puzzled does not come close.
This all seems a very touchy subject on the Wakey forum right now, and they are in serious "shoot the messenger" mode.
They are late filing their 2008 accounts (they were over 5 months late for 2007). Unless they were signed off before it became clear that a substantial back-tax liability (if such there is) was likely, then I would expect the 2008 balance sheet to reflect the arrears up to 31/12/08. So these accounts might cast some light. Be interesting to see what the accounts actually indicate once they are filed, although Wakey only have to file abbreviated accounts so there is bugger all you can tell beyond top-level indications.
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| Your comments re the latitude often affiorded by HMRC in the length of time they give before legal action are valid.
It would seem that the amount owed to them of £353,000 has some serious historic timescale. Whether that sum includes settlements or not.
A recent payment to reduce the liability to £194,000 seems not to have cut much ice with HMRC as they are pressing for the remaining balance in the courts.
It remains to be seen whether Wakefield can comply with their promised repayment schedule to HMRC.
I find it strange that in one of their best seasons for years that attendances dropped by almost 1,000 per game accrding to RFL stats
This trend must be reversed if Wakefield are to survive.
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| Quote ="Adeybull"I....................They are late filing their 2008 accounts (they were over 5 months late for 2007). ..............'"
Agree with all of the above comments + BMU's.
In light of all the HMRC "excitement" I suspect the above point [imay [/ibe of greater significance /more telling than may at first have been thought . . . . .
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| Quote ="jonh"Wire
Bradford
Saints
Cas
Leeds
would be my guesses, think i saw 5 other clubs being quoted.
Just a guess though.'"
The Wakey forum - as a bit of a deflection tactic from their own woes are guessing which other clubs are screwed over image rights - Oh look! Bulls are casually assumed to have "image rights" probs.
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| Quote ="Highlander"The Wakey forum - as a bit of a deflection tactic from their own woes are guessing which other clubs are screwed over image rights - Oh look! Bulls are casually assumed to have "image rights" probs.'"
Got it in one.
If any of them want to see the Bulls' take on the scope for exposures to the HMRC investigations, all they have to do is go pay £1 for our 2008 accounts online from Companies House. Unlike Wakey's (again), our accounts were (as always) filed on time. And, unlike Wakey's, ours are a "full" as opposed to "abbreviated" set so you get a lot more info.
I suspect any club - across all sports - that has employed players who have been paid - by anyone - for their image rights, will be at some risk of additional liabilities once HMRC firm up on their interpretations and assessments. Likewise those who have employed players who have benefited from payments to employee benefit trusts.
So yes, the Bulls too could feasibly (that's the word the club used) find themselves queried by HMRC over the treatment of image rights payments. But everything I hear and read continues to suggest the club see no significant exposure, unlike I suspect certain other clubs who must surely be... "bricking themselves" was the term, I think? And that view has clearly been accepted by the auditors in the latest accounts, where if the club was aware of any quantifiable significant exposure then provision would have had to have been made.
The club have stated categorically that they have never used employee benefits trusts. I feel sure other clubs have - they are even referred to in the RFL Salary Cap rules - and I have always been concerned that HMRC will seek to overturn some of these arrangements as being tax evasion not legit avoidance. No a problem for the Bulls though.
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| Quote ="Highlander"Bulls are casually assumed to have "image rights" probs.'"
They're wrong. It is in no way the Bradford club's problem, or certainly not to a large extent.
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| I think anyone gloating from ANY club is rather short sighted. All these tax irreg are doing is damage the product that is Rugby League, diminish its marketability on the back of television exposure (where new fans could come from) and make raids from Rugby Union a lot easier
If we have avoided this pit fall due to the management then the club should be praised. I would be prepared to eat some humble pie over the Sculthorpe comments if this is the case - only a small slice though
disclaimer - I don't think anyone on here is gloating btw
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