Rangers could face massive £75m tax bill
Published 21:10 13/02/12 By MirrorFootball
Owner Craig Whyte claims he took the first step towards administration to ensure Rangers did not die altogether under the potential burden of a "shocking" £75million tax bill.
The club lodged legal papers signalling their intention to enter administration with the Court of Session in Edinburgh at lunchtime today.
The Scottish champions are awaiting the verdict of a tax tribunal which it was thought could cost the club around £49million if the judgment went against them, but Whyte revealed that figure was substantially out.
The HMRC case centres around the use of employee benefits trusts (EBTs) which were in place before Whyte took over from Sir David Murray last May.
Whyte told Press Association Sport it was necessary to look at administration.
"If we hadn't done that then liquidation could have been a possibility," he said.
"This secures the long-term future of the club.
"The £49million often quoted is the tax bill and interest but they can charge you a penalty on the tax bill so we could have been up at £75million.
"It is a shocking figure and there is no way we could pay it."
Whyte was heckled by some Rangers fans when he emerged outside Ibrox after 6pm to read a statement outlining his intentions.
The Motherwell-born businessman admitted it had been a "tough day" but insists he has no intentions of leaving the club.
"I can understand how the fans feel," he said.
"But I came in to sort out the financial situation and that's what I will do.
"It has been a tough day. No one likes it but I am doing what has to be done.
"I would say to the fans to stick with (manager) Ally McCoist and the team, they need you more than ever.
"I have not gone through what I have gone through in the last year to walk away. I am here to stay."
Amid a long explanatory statement on the club's website, Whyte outlined why he believes winning the tax case is unlikely.
"There is no realistic or practical alternative to our approach as HMRC has made it plain to the club that should we be successful in the forthcoming tax tribunal decision, they will 'appeal, appeal and appeal again' the decision," he said.
"This would leave the club facing years of uncertainty and also having to pay immediately a range of liabilities to HMRC.
"Even if the club were to succeed in the tax tribunal, it would still face substantial liabilities. Zero liability will not happen."
Rangers are currently four points behind SPL leaders Celtic and 19 above nearest challengers Motherwell, who have a game in hand.
Administration would bring an automatic 10-point deduction and would likely lead to the sale of on-field assets while manager McCoist could expect to see further reductions in the size of his squad.
Rangers also face a race to prove to the Scottish Football Association that their finances are in shape before March 31 or face expulsion from Europe next season.
Although there is no specific ban on clubs in administration playing in Europe, it is understood it would be very difficult for such a club to meet the other financial criteria needed for a licence.
Whyte was reluctant to respond to the suggestion that the club and the supporters may have to write off this season.
"We are not in administration yet," said Whyte, while claiming this move was the first step on the "road to recovery".
"Rangers will always be around, Rangers will always be here at Ibrox," he told Sky Sports News.
"This was the best way to take the club forward and end the uncertainty that is surrounding Rangers at the moment.
"The fact is there no way Rangers can pay that tax bill if that judgment goes against us, it just can't be done.
"I have to make the decision for the long-term future of Rangers.
"This was discussed long before my time when the tax case first became known and it is a really tough decision.
"I bought the club with this tax case hanging over it, it was always an option. We hoped we would find a way to resolve it without going down this route.
"It became apparent at the end of last week that HMRC would not do a deal with us and so we had no choice.
"We will exit administration, we hope, by means of a CVA, which will deal with creditors.
"I don't want to get into that now but that is how we will exit administration, if indeed we go into administration.
"Keep in mind we are not in administration at the moment."
Whyte bought out Murray's shareholding for £1 while pledging to pay off £18million owed to Lloyds Banking Group and invest about £25million in the playing squad over five years.
The club have still not published audited accounts due before the end of last year or held an AGM as required.
That led to trading on their shares being suspended last month by the PLUS Stock Exchange, who are investigating Whyte's admission that he had been disqualified as a director for seven years from 2000. A similar SFA inquiry into Whyte's business background remains ongoing.
Last week former Rangers chairman Alastair Johnston revealed he had asked the Government's Insolvency Service to clarify "certain financial arrangements" relating to the takeover.
Whyte had earlier admitted securing funds from loan company Ticketus in lieu of future season ticket sales, but denied using the cash to fund his takeover.
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RANGERS ADMINISTRATION Q&A
Rangers today lodged legal papers with the Court of Session in Edinburgh signalling their intention to enter administration.
The club are involved in a tax dispute with HMRC and, if a tax tribunal finds in favour of HMRC, the decision could result in liabilities and penalties of as much as £75million, according to owner Craig Whyte.
Here, Press Association Sport looks at what this means for the Scottish champions.
Are Rangers in administration?
No, a notice of intention is not administration. Rangers remain in discussions with HMRC to explore any remaining possibility to keep the club from entering into an insolvency process.
What happens next?
According to Rangers, this notice of intention is to provide the company with "breathing space" from creditors. The interim period will be used to continue negotiations with creditors. It is expected to be 10 working days before a decision is made whether to appoint administrators.
If Rangers go into administration, what sanctions will be imposed?
The club will immediately be docked 10 points by the Scottish Premier League. If they remain in administration beyond this season, they will begin the new campaign on minus 10 points. Rangers will also be embargoed from registering any new players with the Scottish Premier League, with the only exception being the signing of an emergency goalkeeper.
Will the players be sold?
The administrator would have a duty to look at every aspect of the business, including the playing squad. In the event of administration, cost-cutting measures are likely to be implemented and a review of staffing levels take place.
What about European football?
Rangers face a race to prove to the Scottish Football Association that their finances are in shape before March 31 or face expulsion from Europe next season. Rangers need a UEFA club licence to compete in the Champions League and the Europa League next season - provided they qualify. Administration does not automatically exclude a club from getting a licence but a number of complex criteria would have to be met, meaning chances of obtaining a licence would be low.
How long are Rangers likely to be in administration?
Rangers hope a period of administration would last no longer than a few weeks. A company voluntary arrangement (CVA) is drafted to try to reach agreement with creditors in order to exit administration. The club has put forward a CVA proposal to HMRC in which creditors would be paid and provisions made for the HMRC case.





