Independent Commission Preliminary Hearing
The Commission has considered all the preliminary issues raised in the list submitted by Newco and points raised in letters from solicitors acting for Newco and for Oldco. It has decided:
1. The Commission will proceed with its inquiry in the terms of the Notice of Commission and will now set a date for a hearing and give directions.
2. Oldco and Rangers FC, who are named in the Issues contained in the Notice of Commission and alleged to have been in breach of SPL rules, will continue to have the right to appear and be represented at all hearings of the Commission and to make such submissions as they think fit.
3. Newco, as the current owner and operator of Rangers FC, although not alleged by the SPL to have committed any breach of SPL Rules, will also have the right to appear and be represented at all hearings of the Commission and to make such submissions as it thinks fit.
4. Written reasons for this decision will be made available in due course.
Further to the decision made today the Commission make the following procedural orders:
1. We set a date for a hearing to commence on Tuesday 13 November 2012 with continuations from day to day as may be required until Friday 16 November 2012. We will also allocate Tuesday 20 and Wednesday 21 November 2012 as additional dates should any further continuation be required.
2. We direct that the solicitors for The Scottish Premier League Limited lodge any documents, additional to those already lodged, together with an outline argument and a list of witnesses by 4 pm on Friday 19 October 2012.
3. We direct that Oldco, Newco or any other person claiming an interest and wishing to appear and be represented at the hearing give intimation to that effect and lodge any documents together with an outline argument and a list of witnesses, all by 4 pm on Thursday 1 November 2012.
4. We direct that intimation of the aforesaid decision and of these directions be made to the solicitors for Oldco and Newco.
No further comment will be made.
http://www.scotprem.com/content/default.asp?page=s2&newsid=11698
Independent Commission Preliminary Hearing
posted on 12/9/12
Yes they can. This is what the evidence points to.
posted on 12/9/12
"comment by HelpMordorPolis (U4292)
posted 3 minutes ago
Yes they can. This is what the evidence points to."
============================
Can you put this stance in a more detailed legal viewpoint?
If the EBTs are legally contractual, then they should be taxed.
If they are discretionary, then they are tax exempt.
This is what both the Big Tax case and the SPL enquiry are both reliant on is it not?
posted on 12/9/12
No. They are entirely seperate issues for entirely seperate bodies.
posted on 12/9/12
"comment by HelpMordorPolis (U4292)
posted 58 seconds ago
No. They are entirely seperate issues for entirely seperate bodies."
=========================
So in other words you are saying that the SPLs enquiry into 'side contracts' has nothing to do with the fact that a huge legal case is ongoing to determine if the payments were legally 'contractual'.
The fact that the SPL could come to a conclusion that Rangers made contractual payments to players and then punish them, only for a first tier tax tribunal to then confirm that Rangers did not make any contractual payments to the players would not be a concern?
You dont see how the SPL have probably decided to move their case till after the legal basis of the payments has been established?
Im not saying this is some form of conspiracy, its only common sense.
Dont try to punish someone for something that they can be exonerated from a couple of weeks later!
posted on 12/9/12
But they will still be in breach of not disclosing payments to players for footballing reasons. That's the offence.
posted on 12/9/12
"comment by HelpMordorPolis (U4292)
posted 6 seconds ago
But they will still be in breach of not disclosing payments to players for footballing reasons. That's the offence."
=======================
If they are discretionary loans as the FTTT is deciding, then they cannot be payments for footballing reasons. This is the point.
posted on 12/9/12
That's Hector's viewpoint.
posted on 12/9/12
Comment Deleted by Site Moderator
posted on 12/9/12
As a job lot curly.
posted on 12/9/12
Comment Deleted by Site Moderator