Funny Tax Laws

So football clubs have been caught by HMRC on the reclaiming of VAT on agents fees.

FOOTBALL clubs face a multi-million-pound bill from the taxman after a landmark ruling yesterday over payments to agents.

A VAT appeals tribunal ruled that Newcastle United was not allowed
to claim back the tax on fees paid to agents involved in transfers
between clubs and contract negotiations with players.

Why is this? What is the point at issue?

Football clubs are entitled to recover the VAT paid on any goods or
services purchased in connection with their business. However, the
Revenue argued that when fees are paid to agents, the agents are acting
for the player and not the club. Since the player employs the agent,
the Revenue argued that the club has no right to deduct any VAT that it
incurs when making a payment to the agent.

OK, so the agent works for the player. But didn’t we just have this argument with literary agents? There the argument by that same HMRC was that agents are not in fact employed by writers in the course of business. That interpretation would seem to argue that VAT should not be charged at all, yes?

Is this simply the Revenue wanting to have its cake and eat it too?

4 responses

  1. james C Avatar
    james C

    You are confusing two separate issues. The Richard and Judy case was about whether it was possible to treat the fee they pay to their agent as an expense, and thereby set it against their taxable income.
    If I recall correctly, they could because they were deemed to be theatrical performers.
    This issue with the football club is about whether they can reclaim the VAT that they pay to the football players’ agents.
    The players hire an agent to represent them in transfer negotiations, but the club pays the agent’s fee as part of the overall transfer fee.
    This arrangement allows the clubs to reclaim the VAT, whereas if the players paid the agents directly they could not recover it.

  2. Tim, what the Revenue wants is to have a slice of everybody else’s cake and eat it too.

  3. ScotsToryB Avatar
    ScotsToryB

    If I were an agent I would
    a)be rgeistered for VAT
    b) claim said on all transactions
    c) invoice on that basis
    james C, I take it this is not what happens. Before I comment more, will you please explain in more depth the difference between the above scenario and yours?
    ScotsToryB

  4. james C Avatar
    james C

    Andrew: suppose you go into a shop and buy a PC. You will have to pay VAT.
    If, one the other hand, a VAT registered business bought the PC, it could offset the VAT paid against the next VAT bill it pays to Customs and Excise.

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