There's a "fog of war" feel about the legal ramifications of the ruling. This is the full article.
All interest free loans are coming from near 100% owners. And there isn’t some 30-40% tax saving by giving an interest free loan. Yes there are reasons why they chose loan vs equity but it’s usually about flexibility. They can’t call these loans in - none of the clubs with meaningful loans have that kind of capital lying around. We are talking about Brighton (£400m of as good as equity loan),Everton £450m (actually accounted for as equity from memory and about to be written off in Friedkin deal), Arsenal (already accounting for FMV with UEFA and loads of PSR capacity anyway) and then small loans around the edges.
It just isn’t a big deal but you don’t need to agree. Many don’t.
It would be really helpful if perhaps you could summarise the principal reasons given by 'the many' for their disagreement with your assessment that 'it isn't a big deal' ?All interest free loans are coming from near 100% owners. And there isn’t some 30-40% tax saving by giving an interest free loan. Yes there are reasons why they chose loan vs equity but it’s usually about flexibility. They can’t call these loans in - none of the clubs with meaningful loans have that kind of capital lying around. We are talking about Brighton (£400m of as good as equity loan),Everton £450m (actually accounted for as equity from memory and about to be written off in Friedkin deal), Arsenal (already accounting for FMV with UEFA and loads of PSR capacity anyway) and then small loans around the edges.
It just isn’t a big deal but you don’t need to agree. Many don’t.
Of that panel of four, I would always tend to put more weight on the views of practising experts in the field rather than an academic. On the bases of each individual bio, Leaf seems most expert and Zglinski least.View attachment 134980
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So 3 out of the 4 lawyers felt that it wad a win for us
They don’t understand that such loans are basically equity anyway. Everton’s shareholder loans are actually treated as equity in their accounts under FRS102.22. The owners can achieve most of the aims of shareholder loans (like added security) with slithers of loans. And this was the explanation from one lawyer in the Athletic. He doesn’t get it because even his number is highly misleading.It would be really helpful if perhaps you could summarise the principal reasons given by 'the many' for their disagreement with your assessment that 'it isn't a big deal' ?
Not a fog of war. Nobody knows because most of the points turn on a fine margin. So people are making educated guesses. Even the parties.There's a "fog of war" feel about the legal ramifications of the ruling. This is the full article.
Not even sure if the fourth one is a lawyer. I’d say he’s almost certainly not a practising one. I’m always wary of academics talking about the implications of determinations because they don’t have a feel for things like those at the coal face do. Only a lived experience can give you that instinct.View attachment 134980
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So 3 out of the 4 lawyers felt that it wad a win for us
zglinski is taken from his tweet. Nobody can call the changes to the fundamental calculation of FMV to be “minor quibbles”. That misunderstands the importance of that test.
Obviously, I wouldn’t want to “punch down” on Panja again [eye roll] but seems he hasn’t publicised Simon Leaf’s more considered view. Funny that.