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Sports clubs accused of rorting tax concessions

Frailty

First Grade
Messages
9,339
Don't worry the Leagues Club's are in the clear...

... This is a Melbourne issue that includes the AFL Clubs

Sports clubs accused of rorting tax concessions
Jason Dowling
May 6, 2011

Sports clubs are rorting concessions on their poker machines profits. Photo: Andrew Meares
SPORTING and social clubs - including AFL clubs - have been accused of continuing to rort tax concessions on their poker machines profits despite new rules that were supposed to have eliminated the abuse.

Clubs pay 8.33 per cent less tax on their poker machine takings than hotels in Victoria but must demonstrate in annual returns that they have provided community benefits equal to the tax concession.

An analysis of claims made by clubs last financial year by Monash University gambling expert Charles Livingstone shows 80 per cent of community benefit claims made by clubs were for operating expenses, financing costs and capital works. Operating costs include staff wages, venue management fees, electricity and rent costs and payments to players and officials.

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Hawthorn Football Club's Vegas at Waverley Gardens venue claimed $1.16 million in operating costs and $464,643 in donations, gifts and sponsorship; Collingwood Football Club's The Coach and Horses venue at Ringwood claimed $1.15 million in operating costs and zero in donations gifts and sponsorship; and Richmond Football Club's Wantirna Club claimed $938,954 in operating costs and zero in donations, gifts and sponsorship.

In 2007, the then gaming minister tried to tighten what clubs could claim as a community benefit by limiting operating cost claims.

But the first comprehensive analysis of club community benefit claims since the changes show the limit had little effect, with operating expenses making up the bulk of community benefits claimed by clubs.

''Donations and sponsorships and the provision of sporting facilities combined amounted to less than one fifth of the amount claimed by clubs for normal operating expenses,'' Dr Livingstone's report found.

''At the moment the classes of things they [clubs] are allowed to include and claim as benefits to the community is ridiculous and far too broad. I think you could describe it as a rort, I think it is a rort,'' Dr Livingstone told The Age.

He urged a new government investigation of club community benefit tax arrangements.

Attempts to tighten ''community benefit'' criteria are fiercely opposed by the clubs sector. Clubs Victoria executive director Richard Evans attacked Dr Livingstone's findings.

The report showed ''a lack of understanding to the community benefit clubs provide a community'', he said and firmly denied that clubs were rorting the system.

''Clubs exist for the benefit of the community and they raise funds for that club to provide services to the community and thus provide benefit such as employment,'' he said.

Mr Evans said there was no need to review what could be claimed as a community benefit. ''All staff employed at a club provide benefit for the community - greenkeepers, for instance, are employed by a club and thus have a direct benefit for the community,'' he said.

Minister for Gaming Michael O'Brien said the government ''supports community sporting and social clubs being able to use gaming revenue to support clubs in their activities''.



Read more: http://www.theage.com.au/victoria/sports-clubs-accused-of-rorting-tax-concessions-20110505-1ea5b.html#ixzz1LWNIbAqs
 
Messages
3,877
Sounds more like an anti-gambling advocate not liking how sports clubs apply the law as set by the Victorian parliament. So more a case of sour grapes than a rort.
 

Frailty

First Grade
Messages
9,339
Sounds more like an anti-gambling advocate not liking how sports clubs apply the law as set by the Victorian parliament. So more a case of sour grapes than a rort.

Well compared to what NSW Leagues Clubs have to do it is a major rort.
Whilst it definitely identifies weakness in the definitions of the legislation, it also goes directly against the intention of the legislation and demonstrate a very significant flaw in the Club's community relations.
 
Messages
3,877
Well compared to what NSW Leagues Clubs have to do it is a major rort.

NSW Leagues Clubs are in a different jurisdiction, so the comparison is irrelevant. Are Victoria clubs expected to follow NSW laws?

Whilst it definitely identifies weakness in the definitions of the legislation, it also goes directly against the intention of the legislation and demonstrate a very significant flaw in the Club's community relations.

Is there any evidence in the article that it goes directly against the intention of the legislation? It goes against what the anti-gambling advocate wishes the legislation did, but that's not the same thing. The only logical conclusions are either (i) the legislation was designed to include expenditure other than donations and grants or (ii) the parliament is currently happy with the way the legislation works, even if that was not the original intention. Do you think somehow that a non-accountant working only with publicly available information can work it out that the Victorian revenue department and the Victorian government can't?
 
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