SFA won't investigate handling of Rangers tax case

The Scottish Football Association says it will not take part in an independent review examining the response of Hampden chiefs to Rangers' use of Employee Benefit Trusts.

Hampden
Published 8th Sep 2017

The governing body has written to member clubs to advise them it has turned down a request from the Scottish Professional Football League (SPFL) to lead an inquiry into the handling of the Rangers 'oldco's unsuccessful tax avoidance scheme.

In its letter - sent on Thursday - the SFA urged clubs to move on from the fall-out from the 'Big Tax Case', insisting Scottish football would only suffer fresh damage if it continues "raking over the coals".

However, compliance officer Tony McGlennan is set to investigate whether Rangers should have been granted a licence by UEFA to enter European competition back in 2011.

That follows "contradictory" court testimony from two former club directors which cast doubt on claims made by the Glasgow club about a separate, smaller tax case at the time.

The SPFL made its call for a review back in July after the Supreme Court ruled Rangers should have paid tax on more than £47million paid out to Rangers players, managers and directors between 2001 and 2010 in tax-free loans.

The SFA's letter this week confirmed it had been invited to participate in the proposed review and that one unnamed club had also written to it individually calling for a review.

However, it went on to explain why it was turning down those requests.

"The image of the game in Scotland can only be damaged further by 'raking over the coals' of everything that has happened in the last six years for a further lengthy period of time," the letter read.

"No one is complacent or insensitive to the issues. It will be impossible to satisfy every supporter, every club official and every member club.

"Nevertheless, the board of the Scottish FA is resolute. It has acted with integrity and in the best interests of Scottish football at all times."

However, the SFA did confirm to its member clubs that evidence given in court by two former 'oldco' Rangers directors regarding "overdue payables in relation to the 'Wee Tax Case' might have implications in the context of the UEFA licence granted in 2011".

The smaller tax case related to an outstanding payment of £2.8million to HM Revenue and Customs (HMRC).

The letter continued: "On the face of it, there seem to be contradictions between those statements and written representations made at the time.

"In 2011, Oldco indicated there was an ongoing dispute with HMRC, but the evidence in the (former Rangers owner) Craig Whyte trial suggests that Oldco knew by early 2011 that it had no defence to HMRC's claim.

"This matter has been referred to the compliance officer for further investigation following receipt of information of a written opinion from senior counsel."

SPFL chief executive Neil Doncaster has already ruled out the league taking further action against Rangers after claiming it does not have the legal power to retry the big tax case.

The Ibrox outfit were fined £250,000 in 2013 following an independent commission led by Lord Nimmo Smith.

However, the commission's verdict that Rangers gained no "unfair competitive advantage" for failing to disclose documents relating to EBT payments has come under serious scrutiny since the Supreme Court issued its final ruling