Contents:
1. This document sets out the regulations regarding the Remuneration Cap, being a maximum total Remuneration paid directly or indirectly by or on behalf of the Club to Players during or in respect of the Remuneration Cap Year, as more specifically set out and defined below.
2. The parties to these Regulations acknowledge and agree that for the 2024-25 season a mandatory Remuneration Cap is in place by way of regulation as set out herein and that they will comply with these Regulations.
3. Premier Women’s Rugby Limited reserves the right in its absolute discretion to interpret and to make such variations and amendments to these Regulations as it may see fit from time to time.
4. Unless expressly provided for within these Regulations, Premier Women’s Rugby Limited will act through the person of its Remuneration Cap Manager or equivalent who, acting reasonably, has power to interpret these Regulations and their provisions as they see fit.
Objectives
5. These Regulations aim to achieve the following objectives in a fair and proportionate manner:
- (a) Ensuring the financial viability of all Clubs and of the Competition;
- (b) Providing a level playing field for Clubs;
- (c) Controlling inflationary pressures on Clubs costs;
- (d) Ensuring a competitive and sustainable women’s rugby competition; and
- (e) Ensuring that the level of Remuneration paid by Clubs is in line with the Competition’s financial business model.
The Remuneration Cap
6. The Remuneration Cap for the 2024-25 Season is £220,000 and means the maximum total Gross Payments, subject to any Excluded Remuneration, made directly or indirectly by or on behalf of the Club or a Connected Party to Players during or in respect of the Remuneration Cap Year (and the term “Remuneration Cap” shall be construed accordingly).
7. Clubs must not exceed the Remuneration Cap and these Regulations shall apply to any Club that exceeds the Remuneration Cap.
8. When calculating what is included within the Remuneration Cap, the Club must apply the definition of Remuneration (as set out in Appendix 2) save that Excluded Remuneration (as set out in Appendix 3) is not included within a Club’s Remuneration for the purposes of the Remuneration Cap.
9. In respect of Excluded Remuneration, the Club must adhere to the respective provisions of the Remuneration Cap Regulations (set out in Appendix 3) and Premier Women’s Rugby Limited may in its absolute discretion require the Club to supply all such information, documents and assurances to evidence and justify why such Remuneration falls within the definition of Excluded Remuneration. If a Club fails to satisfy Premier Women’s Rugby Limited that such Remuneration is Excluded Remuneration, the value of the purported Excluded Remuneration (or a proportion thereof) as determined by Premier Women’s Rugby Limited will be included in the Remuneration Cap and any such decision will be final and binding upon the Club.
Accommodation
10. A Club is entitled to provide accommodation to its Players to use as their main domestic residence, in accordance with the following:
- (a) Any such accommodation will be calculated as Remuneration to the value of £260 per calendar month, subject to a total maximum value of £31,200 in the Remuneration Cap Year;
- (b) Any accommodation which is provided in excess of the total maximum value of £31,200 will be considered as Remuneration in accordance with its market value as determined by Premier Women’s Rugby Limited;
- (c) For the purpose of this Regulation, the provision of accommodation may include the payment of utility bills if the agreement entered into by the Club with the Player requires that it does;
- (d) Any Player who is provided with accommodation by their Club or by a Connected Party, when it is used as their main domestic residence in England and the Player does not pay their own rent to the Club or Connected Party at a market rate, will be classified as being paid (see Appendix 4).
Injured Player Credit
11. A Club is entitled to credits for the cost of replacing one or more Injured Player, up to a total aggregate maximum of 15% of the Remuneration Cap for that Remuneration Cap Year, provided that on each occasion Premier Women’s Rugby Limited approves the cost in advance and in writing and subject to the terms of these Regulations (“Injured Player Credit”).
12. A Club is only entitled to the use of one Injured Player Credit per Player during the Remuneration Cap Year.
13. On written application to Premier Women’s Rugby Limited for approval to use an Injured Player Credit, the Club must provide the following information;
- (a) the name and positions played of the Injured Player;
- (b) the details of the injury/or long-term illness suffered, including length of time that the Injured Player is expected to be injured;
- (c) an injury report signed by the Club’s doctor (attesting to the matters outlined in Regulation 13(b) above); and
- (d) the details of the proposed replacement Player, which must include the length of time the replacement shall be a player at the Club and the replacement Player’s proposed Remuneration for that period.
14. The application of an Injured Player Credit is subject to Premier Women’s Rugby Limited approval which will only be granted if the relevant criteria are met to the satisfaction of Premier Women’s Rugby Limited.
15. When approving the proposed replacement Player and determining the amount of Injured Player Credit, the replacement Player must meet the following criteria:
- (a) the replacement Player will be receiving comparable Remuneration;
- (b) the replacement Player will be of a comparable position;
- (c) the replacement Player will be of comparable experience, taking into account any mitigating circumstances, such as timing and prevailing market conditions; and
- (d) the replacement Player, if they are not a Player at the Club at the time of application for the Injured Player Credit, had not signed a binding agreement to become a Player of the Club before receiving formal written approval from Premier Women’s Rugby Limited.
- (e) the replacement Player, if they are already a Player at the Club, had not signed a new and updated contract or agreement as a Player of the Club, before receiving formal written approval from Premier Women’s Rugby Limited.
16. If the relevant Injured Player is selected for a matchday squad in any match:
- (a) before twelve weeks has elapsed from the date the Injured Player was certified as having been injured in the injury report provided under Regulation 13(c) above; or
- (b) during the first eight weeks of the current Remuneration Cap Year, where an Injured Player Credit applied to the same injury in the previous Remuneration Cap Year, the Club’s entitlement to the Injury Credit will be removed.
17. Premier Women’s Rugby Limited has the power at any time to revoke or adjust an Injured Player Credit if they become aware of any information that they were not aware of, or which was false or misleading when the credit was approved.
18. If Premier Women’s Rugby Limited (i) does not approve; and/or (ii) revokes or varies; an Injured Player Credit, a Club may appeal the decision to the PWR Remuneration Disputes Committee, who shall make a decision following the receipt of a written submission from the Club setting out why the Injured Player Credit should have been approved. The decision of the PWR Remuneration Disputes Committee will be final and binding.
Maternity Leave Credit
19. A Club is entitled to a credit for the cost of covering a replacement Player with respects to a pregnant Player on maternity leave or a Player on extended parental leave, for the duration of such leave, provided that on each occasion Premier Women’s Rugby Limited approves the cost in advance and in writing and subject at all times to compliance with the terms of these Regulations (“Maternity Leave Credit”).
20. The value of Maternity Leave Credit will be the total Remuneration received or to be received by the Player on leave during the Remuneration Cap Year, as approved by Premier Women’s Rugby Limited.
21. On written application to Premier Women’s Rugby Limited for approval to use a Maternity Leave Credit, the Club must provide the following information:
- (a) the name and positions played of the Player;
- (b) the date from when the Player is expected to begin their leave; and
- (c) confirmation in writing by a qualified doctor or midwife.
22. The application of a Maternity Leave Credit is subject to Premier Women’s Rugby Limited approval, which will only be granted if the relevant criteria are met to the satisfaction of Premier Women’s Rugby Limited.
For the avoidance of doubt, a Maternity Leave Player Credit may continue beyond the end of the Remuneration Cap Year, subject to the approval of Premier Women’s Rugby Limited.
23. When approving a proposed replacement Player and determining the amount of Maternity Leave Credit, the replacement Player must meet the following criteria:
- (a) the replacement Player will be of a comparable position;
- (b) the replacement Player will be of comparable experience, taking into account any mitigating circumstances, such as timing and prevailing market conditions;
- (c) the replacement Player will be receiving comparable Remuneration;
- (d) the replacement Player, if they are not a Player at the Club at the time of application for the Injured Player Credit, had not signed a binding agreement to become, a Player of the Club before receiving formal written approval from Premier Women’s Rugby Limited; and
- (e) the replacement Player, if they are already a Player at the Club, had not signed a new and updated contract or agreement as a Player of the Club, before receiving formal written approval from Premier Women’s Rugby Limited.
24. Premier Women’s Rugby Limited has the power at any time to revoke or adjust a Maternity Leave Credit if they become aware of any information that they were not aware of, or which was false or misleading when the credit was approved.
25. If the Player for which a Maternity Leave Credit has been granted returns during the same Remuneration Cap Year in which it was granted, the Maternity Leave Credit will still apply to the replacement Player until the end of that Remuneration Cap Year, provided the Club notifies Premier Women’s Rugby Limited.
26. If Premier Women’s Rugby Limited (i) does not approve; and/or (ii) revokes or varies; a Maternity Leave Credit, a Club may appeal the decision to the PWR Remuneration Disputes Committee, who shall make a decision following the receipt of a written submission from the Club setting out why the Maternity Leave Credit should be approved and/or not revoked or varied. The decision of the PWR Remuneration Disputes Committee will be final and binding.
Monitoring and Compliance
Obligations
27. All parties to these Regulations are responsible for ensuring they comply with the Remuneration Cap Regulations.
28. Club Officials must sign the Club Declaration and Club Certification and must ensure that both documents along with other documents and information provided pursuant to these Regulations are true and accurate.
29. A Club shall be jointly and severally liable to pay any financial penalty imposed upon any of its Club Officials.
30. All parties to these Regulations must not assist or take part in any attempt to breach or circumvent the Remuneration Cap Regulations, and as soon as reasonably practicable, must report to Premier Women’s Rugby Limited any potential or attempted breach or circumvention of the Remuneration Cap Regulations of which they become aware of, or any attempt to do so.
31. All parties to these Regulations (including each Club, Club Official, Player and Agent) must comply and cooperate fully, accurately and promptly with, and shall provide all necessary assistance to Premier Women’s Rugby Limited (and/or the Accountants) with respect to any matter pursuant to these Regulations (including in relation to spot checks, auditing, attendance at interview, and answering the questions of and furnishing Premier Women’s Rugby Limited with, all relevant and/or requested documentation and information) and failure to cooperate or comply shall constitute a breach of these Regulations.
32. Clubs shall keep all records and documents relevant to these Regulations for a period of five years from the date in which they first came into existence (including all documents, records and other information held by or under the control of a Club (or an authorised representative of the Club) and which are reasonably considered to be relevant for these Regulations.
33. Upon the request of Premier Women’s Rugby Limited, the Club, Club Official, Player and/or Agent will provide (and will procure that Players provide) such information as requested in order to assist Premier Women’s Rugby Limited to undertake a review and assess the level of Remuneration paid to Players by or on behalf of the Club including (without limitation) the following:
- (a) full contracts and arrangements which the Club enters into with any Player. For avoidance of doubt, this shall include (but not be limited to) any written confirmation (including email or instant messaging) of an agreement, heads of terms, termination agreements, or written guarantees from the Club and/or any Connected Party to the Player and/or Club;
- (b) full copies of all contracts and arrangements it enters into with any companies, individuals or other entities which agree to provide or procure the provision of non-playing services by a Player (and/or any Connected Party) to the Club (e.g., image rights and promotional services contracts);
- (c) image rights agreements;
- (d) injury reports, medical letters and such other medical supporting documentation as may be required, including pertaining to any reliance on the credits referenced above or within Excluded Remuneration;
- (e) all documentation relating to loans between the Club, a Player and/or any Connected Party;
- (f) copies of any contracts and any written documentation evidencing payments to agents and/or Players which may include email correspondence, phone/social media messages, communication records and such other communication in any medium as may be requested;
- (g) bank statements from the Player’s relevant bank accounts;
- (h) any other document pursuant to which a Club agrees to pay Remuneration to a Player; and
- (i) such other information that Premier Women’s Rugby Limited consider necessary from time to time.
34. All contracts and other legally binding documents provided in accordance with these Regulations must be dated to show when they were completed in their final form.
The Club Declaration
35. From the 1st June 2024, and by no later than 31st August 2024, each Club will provide to Premier Women’s Rugby Limited in respect of the 2024-25 Remuneration Cap Year, a Club Declaration which sets out: (i) all Gross Payments of Remuneration; and (ii) Excluded Remuneration; in each case payable during the Remuneration Cap Year, by or on behalf of the Club (directly or indirectly) to any third party in respect of playing rugby union.
The Club Certification
36. By no later than 30 September 2025, each Club must provide to Premier Women’s Rugby Limited a Club Certification in respect of the 2024-25 Remuneration Cap Year, certifying the Club’s actual spend in respect of: (i) all Gross Payments of Remuneration; and (ii) Excluded Remuneration; in each case paid in the Remuneration Cap Year by or on behalf of the Club (directly or indirectly) to any third party in respect of playing rugby union.
Annual Audit
37. All Clubs may be subject to an Annual Audit, whereby the purpose is to:
- (a) confirm the accuracy of each Club Declaration, Club Certification and/or such other documentation and information provided to Premier Women’s Rugby Limited; and
- (b) ensure that each Club has complied with the Regulations.
38. Premier Women’s Rugby Limited (including if applicable the Accountants) shall have full power to investigate and review compliance when carrying out any Annual Audit of a Remuneration Cap Year. In doing so, Premier Women’s Rugby Limited shall:
- (a) act reasonably;
- (b) be entitled to attend the premises of any Club to exercise those powers; and
- (c) be able to require a Club to download an unedited copy of its accounting system.
39. As part of the Annual Audit, in relation to each Club, Premier Women’s Rugby Limited may interview one or more of Club officials, Players and/or Connected Parties.
40. Where Premier Women’s Rugby Limited believes that there may have been a breach of these Regulations, they may request:
- (a) an individual to provide information and/or an explanation of a matter (whether by way of interview or otherwise);
- (b) an individual to provide Relevant Records;
- (c) an individual to use reasonable endeavours to procure that a Connected Party provides Relevant Records;
- (d) an individual to attend an interview with Premier Women’s Rugby Limited;
- (e) an individual to use reasonable endeavours to procure that a Connected Party attends an interview with Premier Women’s Rugby Limited;
- (f) a Club to procure that any Club Official, employees, shareholders and any other persons contracted or engaged by the Club attends an interview with Premier Women’s Rugby Limited;
- (g) a Player to provide their tax returns, or the tax returns for any company that owns their image rights, for any Remuneration Cap Year; and
- (h) a Player to provide bank statements relating to any bank accounts they may hold.
41. Premier Women’s Rugby Limited is entitled to attend a Club’s premises without notice and exercise their powers within the Regulations if they consider they have reason to do so.
42. Where Premier Women’s Rugby Limited, acting reasonably, concludes that a Club or a Connected Party of a Club or Player is using a third party to circumvent these Regulations, Premier Women’s Rugby Limited may direct that the third party is to be treated as a Connected Party for the purposes of these Regulations.
Overrun Tax
43. A Club will be liable to pay an “Overrun Tax” where its spend exceeds the Remuneration Cap as further specified below.
44. Where a Club incurs an “Overrun”, it shall pay a tax that is calculated based on the thresholds set out below:
Level of Overrun | Overrun Tax |
£0 to £9,999.99 | £0.25 for every £1 overspend |
£10,000.00 to £24,999.99 | £1 for every £1 overspend |
£25,000.00 and above | £2 for every £1 overspend Plus, referral to the PWR Remuneration Disputes Committee pursuant to Regulation 52. |
45. Where Premier Women’s Rugby Limited concludes that a Club has incurred an Overrun, Premier Women’s Rugby Limited shall serve an Overrun Tax Notice on that Club, which will state: (a) the nature and amount of the alleged Overrun; (b) a statement of facts relied upon; and (c) the level of the Overrun Tax incurred.
46. An Overrun Tax issued pursuant to an Overrun Tax Notice is a fixed sanction.
47. Clubs can appeal an Overrun Tax Notice in accordance with Regulations 65 to 72 and any reference to the PWR Remuneration Disputes Committee therein, shall be understood to be Premier Women’s Rugby Limited.
48. Premier Women’s Rugby Limited has the discretion to refer any Overrun to the PWR Remuneration Disputes Committee to determine.
Disciplinary Procedure
Investigation and charge
49. Where there has been a suspected breach of these Regulations, Premier Women’s Rugby Limited shall conduct an investigation as it sees fit.
50. Where Premier Women’s Rugby Limited concludes that there has been a breach of the Regulations, it shall promptly issue a charge letter to the relevant individual(s) and/or entity (the “Respondent”) which shall:
- a) identify which of the Regulations the Respondent is alleged to have breached;
- b) provide details of each alleged breach;
- c) set out the facts relied upon;
- d) encloses any accompanying evidence on which Premier Women’s Rugby Limited relies; and
- e) confirm the next steps required of the Respondent.
51. Within 14 days of receipt of the charge letter, the Respondent must respond in writing to either:
- (a) admit to the offences and accept the sanction set out in the charge letter;
- (b) admit to the offences but does not accept the sanctions set out in the charge letter; or
- (c) deny the offences.
52. Where the Respondent denies the offences or does not accept the sanctions set out in the charge letter, the matter shall be referred to the PWR Remuneration Disputes Committee to determine in accordance with Regulations.
Determination
53. The PWR Remuneration Disputes Committee shall appoint three individuals to determine whether there has been a breach of these Regulations, with one appointed to act as chair (the "Panel").
54. The parties to proceedings may agree that the matter be dealt with on the papers without the need for a hearing before the Disciplinary Panel.
55. Hearings before the Panel shall take place in private.
56. The Panel shall as soon as reasonably practicable set a timetable for determination of the charge.
57. The Panel shall have the discretion to regulate its own procedure and decide all procedural and evidential matters having due regard to the principles of natural justice.
58. As soon as reasonably practicable, the Panel shall produce written reasons for its findings, including with regards to sanction and costs where relevant, and share those written reasons with the parties. The written reasons shall be published in full unless the Panel determines that it is appropriate that they should only be published in part or not published at all.
59. The Panel shall have the power to make a costs award. Ordinarily the unsuccessful party shall bear the costs unless there is a good reason to depart from this principle.
Sanctions
60. In addition to any Overrun Tax issued pursuant to the above, the Panel has the power to impose such sanctions as it considers necessary in accordance with the sanction guidelines set out below which are a non-exhaustive list.
Sanction Guidelines
61. The following number of League Points (as defined in the Premiership Women’s Rugby Regulations) may be deducted from the Club (which may result in the Club having a negative points balance in the League):
Level of Breach | Points Deduction |
£0 to £9,999.99 | 0 |
£10,000.00 to £24,999.99 | 10 |
£25,000.00 to £34,999.99 | 20 |
£35,000.00 to £44,999.99 | 30 |
£45,000.00 or above | 40 |
62. The sanctions set out above represent the sanction guidelines and the Panel may impose such other sanction as it considers appropriate which may include (without limitation):
- (a) a suspended points deduction;
- (b) application of points deduction in the current and/or a subsequent season;
- (c) compliance with a Special Audit;
- (d) a further financial penalty;
- (e) the removal of titles won and/or trophies;
- (f) the removal or suspension of the Club from the League for a period of time;
- (g) a warning;
- (h) a fine of up to £2,500.00 or such other amount as the Panel considers appropriate based on the gravity of the breach;
- (i) a suspension from playing for up to one full season or a ban from holding a position as a Club Official at any club for up to one full year;
- (j) training and education; and/or
- (k) costs.
63. When determining the appropriate sanction, the Panel is entitled to take into account the following mitigating and aggravating factors and such other factors as it considers appropriate in its absolute discretion:
- (a) whether the Participant has admitted the breach identified;
- (b) the Participant’s previous disciplinary record;
- (c) the level of the Participant’s co-operation and compliance during the disciplinary process;
- (d) the level of breach within the relevant band;
- (e) whether the breaches relate to more than one Remuneration Cap Year;
- (f) whether the Participant was found to have deliberately or recklessly breached the Regulations;
Special Audit
64. In addition to any sanctions issued pursuant to these Regulations, where the PWR Remuneration Disputes Committee finds that a Club has committed a Significant Breach, the Club could be subject to a Special Audit to be carried out by Premier Women’s Rugby Limited at the cost of the infringing Club. The scope of the Special Audit will be determined with reference to the facts of the PWR Remuneration Disputes Committee’s decision. The purpose of a Special Audit is to carry out a comprehensive review of all the affairs of the Club in so far as they are relevant to these Regulations, including a review of any of a Club’s Relevant Records, any Player’s tax returns, and interview any Players or Club Officials.
Appeals
65. A Respondent may exercise the right of appeal against a sanction issued by Panel pursuant to these Regulations, only on the grounds of:
- (a) serious irregularity; and/or
- (b) an error of law.
66. An appeal must be made in writing within 14 days of the issue of notification of the sanction by the Panel to Premier Women’s Rugby Limited. Following receipt of the notification of the appeal, all sanctions will be suspended pending the outcome of the appeal.
67. An appeal hearing will be convened as soon as possible following receipt of the notification of the appeal.
68. The PWR Remuneration Disputes Committee shall appoint three individuals to determine the appeal, with one appointed to act as chair, none of whom will have been involved in the decision to issue the sanction (the "Appeal Panel").
69. The Appeal Panel shall have the discretion to regulate its own procedure and decide all procedural and evidential matters having due regard to the principles of natural justice.
70. The Appeal Panel will have power either to uphold the appeal, to reject it and/or to impose any such other sanction as it deems appropriate having regard to Regulations 65 to 71.
71. As soon as reasonably practicable, the Appeal Panel shall produce written reasons for its findings, including with regards to sanction and costs where relevant, and share those written reasons with the parties. The written reasons shall be published in full unless the Appeal Panel determines that it is appropriate that they should only be published in part or not published at all.
72. The decision of the Appeal Panel will be final and binding on all parties.
Whistle Blowing
73. To assist Premier Women’s Rugby Limited in monitoring compliance with these Regulations, any individual is encouraged to approach Premier Women’s Rugby Limited with any information relevant to any actual or potential instance of non-compliance with the Regulations by another party. The identity of the individual providing the information will not be disclosed beyond Premier Women’s Rugby Limited without such individual’s prior approval, unless Premier Women’s Rugby Limited is required to do so.
Miscellaneous
74. In the event that any party (including club or person) is found to have breached these Regulations in any way (including the provision of an inaccurate Club Declaration or information, non-cooperation with the Regulations or such other reason), Premier Women’s Rugby Limited has the power to claw back and/or withhold further funding or other monies owed or to be owed to the Club.
75. To assist Premier Women’s Rugby Limited in monitoring compliance with these Regulations, Premier Women’s Rugby Limited has the power to publish such compliance information as it deems appropriate.
APPENDIX 1
DEFINITIONS
“Accountants” means a firm of chartered accountants as instructed by Premier Women’s Rugby Limited from time to time;
“Agent” means any person who carries out or seeks to carry out Agency Activity;
“Agency Activity” means acting in any way and at any time in any Home Union in the capacity of agent, representative or adviser to a Club or Player, either directly or indirectly, in the negotiation, arrangement or execution of any employment transaction or employment contract negotiation, which also includes any such activity carried out by agents based outside of the Home Unions;
“Annual Audit” means the audit conducted by Premier Women’s Rugby Limited or Accountants following the end of each Remuneration Cap Year;
“Appeal Panel” has the meaning given to it in Regulation 68;
“Club” means a club participating in the Competition;
“Club Certification” means the compliance form in such form prescribed by Premier Women’s Rugby Limited that the Club must accurately and truthfully complete and submit pursuant to Regulation 36;
“Club Declaration” means the compliance form in such form prescribed by Premier Women’s Rugby Limited that the Club must accurately and truthfully complete and submit pursuant to Regulation 37;
“Club Official” means any member of the Club’s board, the Club CEO, the Club CFO, a Director, the Club Director of Rugby, a Head Coach, Qualifying Shareholder or any other person employed by or under contract to or acting on behalf of the Club to manage and/or monitor that Club’s compliance with the Remuneration Cap;
“Competition”: the top tier domestic women’s rugby competition in England which is known in the 2024-25 season as Premiership Women’s Rugby;
“Connected Party” in relation to a Player and/or Club means:
- a) any Director, Officer, Player or Relevant Employee of that Club;
- b) any family member of any Director, Officer, Player or Employee of that Club, where family member shall mean in relation to that Director, Officer, Player or Relevant Employee:
- i. a spouse or civil partner or any other person living with them in an enduring family relationship;
- ii. children or step-children or dependents;
- iii. siblings; and
- iv. parents;
- c) any agent or representative acting on behalf of that Club;
- d) any shareholder of that Club that:
- i. has an interest in shares comprised in the equity share capital of that Club of a nominal value equal to at least 5% of that share capital; or
- ii. is entitled to exercise or control the exercise of 5% or more of the voting rights at any general meeting of that Club;
- e) a body corporate in relation to which any of the categories of person referred to in paragraphs a) to d) above is:
- i. interested in shares comprised in the equity share capital of that body corporate of a nominal value equal to at least 10% of that share capital; or
- ii. entitled to exercise or control the exercise of 10% or more of the voting rights at any general meeting of that body; and
- f) any company, trust, partnership, or other body, organisation or mechanism established or operating directly or indirectly in whole or in part for the benefit of or in respect of any or all of the categories of person referred to in this paragraph
- g) in relation to any entity other than a Club or a Player, a party “connected” to that entity for the purposes of section 1122 of the Corporation Tax Act 2010;
- h) any company, trust, partnership, or other body, organisation or mechanism established or operating directly or indirectly in whole or in part for the benefit of or in respect of any or all of the categories of player or connected party;
"Excluded Remuneration” shall have the meaning set out in Appendix 3;
"Failure to Cooperate” means any failure by any individual to provide co-operation, compliance and/or assistance as is required in accordance with these Regulations, which includes the failure to file a complete document in the correct format;
“Gross Payments” means all Remuneration paid or payable to any third party in respect of playing rugby union, plus all payments payable in respect of such Remuneration which includes, by way of example, national insurance contributions and income tax;
“Home Union” means the three Home Unions being the Irish Rugby Football Union (IRFU), the Rugby Football Union (RFU), and The Welsh Rugby Union Limited (WRU) or any of them, and as applicable, such other authorised administrator or representative body that may be authorised by a Home Union in respect of the implementation of these Regulations;
“Injured Player” means a Player who sustains an injury that has or will prevent them from playing rugby and who cannot be selected in a match squad for a minimum continuous period of 12 weeks within a Remuneration Cap Year;
"Injured Player Credit” shall have the meaning set out in Regulation 11;
"Maternity Leave Credit” shall have the meaning set out in Regulation 19;
"Overrun” and “Overrun Tax” shall have the meaning set out in the table of Regulation 44;
“Overrun Tax Notice” means a written notice issued by Premier Women’s Rugby Limited in order to enforce the Overrun Tax provisions set out in Regulation 45;
“Participant” means a Club, Player, Player Agent, Club Official and Connected Party;
“Player” means any individual who:
- a) has played rugby for a Club;
- b) has had a rugby trial with a Club;
- c) is employed by, or has an agreement or understanding with, a Club to be available to play rugby;
“PWR Remuneration Disputes Committee” means the committee appointed by Premier Women’s Rugby Limited to manage disputes and issues pertaining to these Regulations who in turn may delegate as it so determines to a Disciplinary Panel of the RFU and/or Premier Women’s Rugby Limited personnel or such other individuals or entities as required (and in the case of any such delegation, references in these Regulations to the "PWR Remuneration Disputes Committee" shall be construed accordingly);
“Qualifying Shareholder” means any shareholder of a Club that is:
- a) interested in shares comprised in the equity share capital of the Club of a nominal value equal to at least 10% of that share capital; or
- b) entitled to exercise or control the exercise of 10% or more of the voting rights at any general meeting of that Club;
“Registered” a Player registered with a Club in accordance with and pursuant to the relevant RFU Regulation(s);
“Relevant Employee” means any employee or contractor of a Club (excluding Players) who Premier Women’s Rugby Limited, acting reasonably, concludes:
- a) may be involved in player recruitment and/or the management of matters arising from the Regulations; and/or
- b) holds a senior management role within the Club;
“Relevant Records” means any records, documents and other information relevant to or connected with rugby or these Regulations, including contracts, financial records, bank records, tax returns and other tax records, insurance records, emails, telephone records and any data on a mobile telephone and in each case in any medium;
“Remuneration” means the total of all Gross Payments of Remuneration, provided or to be provided within the relevant Remuneration Cap Year and Remuneration shall have the meaning set out in Appendix 2;
“Remuneration Cap” has the meaning set out in Regulation 6 of these Regulations;
“Remuneration Cap Manager” means the individual appointed by PWR from time to time to act as remuneration cap manager.
"Remuneration Cap Year" means the period between 1 July 2024 and 30 June 2025;
“Respondent” has the meaning given to it in Regulation 50;
“RFU” means the Rugby Football Union;
“Significant Breach” means in respect of a Club that it has:
- (a) exceeded the Remuneration Cap by £25,000; or
- (b) committed a Failure to Cooperate; or
- (c) submitted a false or misleading Club Declaration or Club Certification; or
- (d) such other breach that the PWR Remuneration Disputes Committee considers to be significant.
APPENDIX 2
DEFINITION OF REMUNERATION
1. The following shall be classified as Remuneration:
Money (including salaries, match fees, bonus fees etc), consideration, gifts or any other monetary or non-monetary benefits whatsoever contracted, promised or given to or by a person or any other individual, body corporate, partnership (or any other entity or body whether incorporated or not) at his/her direction in respect of such person’s participation in the Competition.
2. Please note that FAQs have been developed and are provided in Appendix 4. These are intended to offer guidance when determining what type of Remuneration is included within the Remuneration Cap; they should not be relied upon by Clubs when determining compliance with legislation relating to the payment of income tax, the National Minimum Wage and National Living Wage, and any other requirement of HMRC or another statutory authority. For the avoidance of doubt, Clubs should obtain independent advice to ensure compliance in these regards.
3. Excluded Remuneration as set out in Appendix 3 will not be classified as Remuneration.
APPENDIX 3
EXCLUDED REMUNERATION
1. The following will be classified as Excluded Remuneration and unless set out below, all other forms of Remuneration will not be classified as Excluded Remuneration unless expressly approved by Premier Women’s Rugby Limited:
- (a) the provision of sporting facilities and reasonable provision and maintenance of Club-owned sports equipment, personal protective equipment and Club sponsor branded apparel (including training, playing and formal apparel);
- (b) the provision of suitably qualified coaches and the provision for reimbursement of the costs of coaching courses for those that coach at the Club;
- (c) the provision of insurance cover, medical insurance cover and medical treatment related to injuries suffered whilst playing or training for the Club and/or whilst undertaking Club duties and/or which restrict a Player’s ability to play for the Club, and in each case the Club can provide such supporting evidence as Premier Women’s Rugby Limited may request;
- (d) the reimbursement of necessary and reasonable out of pocket travel and/or subsistence expenses incurred by players and accompanying individuals travelling to away matches and/or to locations other than the home club for the performance of club duties;
- Note: For the purposes of the above:
- (i) If a Player is paid any travel expenses to any home match or training for any purpose in addition to other Remuneration (such as a remuneration, match fee, pay-to-play fee etc), such payment of travel expenses will be classified as Remuneration.
- (ii) 'Accompanying individuals' means someone who accompanies a Player due to the Player’s inability or incapacity to convey themselves to the away match and/or location other than the home club for the performance of club duties.
- (iii) 'Subsistence expenses' means food, drink and temporary overnight accommodation and further clarification can be found in the FAQs.
- (iv) 'Reasonable out of pocket travel expenses' means mileage allowance based on the HMRC rates in force from time to time, and subject to prior agreement by the club treasurer, second class rail travel, internal UK economy flights and communal vehicle hire if considered the most economical mode of transport.
- Note: For the purposes of the above:
- (e) reasonable provision of match and training refreshments for players; and
- (f) the sale or supply of food or drink as a social benefit which arises incidentally from the sporting purposes of the Club.
- (g) The provision of educational or vocational courses (including scholarships and bursaries) and the provision for reimbursement of the costs of such courses provided that the provision of such a course is distinct from the person’s participation in the Competition and are genuinely and exclusively in respect of such person’s education.
- Note: If Premier Women’s Rugby Limited investigates the nature of the arrangement and the provision of this benefit is found not to be distinct from the person’s participation in the Competition or does not fall within the exemption, any figure arising from such arrangement will be classified as Remuneration.
- (h) any payments made in support of a Player undertaking an apprenticeship at Levels 4 to 7 which is recognised and funded by the Government’s Education and Skills Funding Agency;
- (i) any gym membership provided by the Club on behalf of the Player;
- (j) subject to the prior approval of Premier Women’s Rugby Limited, the provision of a child-minding service such as is reasonably necessary to allow the Player’s attendance at the club on a training and/or match day;
- (k) the provision of accommodation to any Player by a Club or Connected Party of a Club, provided that the Player pays their own rent to the Club or Connected Party at a market rate;
- (l) agent fees, provided such fees are not paid by the Club;
- (m) any Injured Player Credit and/or Maternity Leave Credit applied in accordance with Regulation 11 and Regulation 19;
- (n) match tickets given to a Player for a Club match, provided that these tickets are not resold by the Player or a Connected Party of the Player;
- (o) visa costs paid by the Club for a Player, their partner and/or their children including any costs reasonably incurred by the Player in obtaining the visa(s);;
- (p) subject to the prior approval of Premier Women’s Rugby Limited, the provision of extraordinary financial support for a Player which is justified on compassionate grounds;
- (q) employer National Insurance contributions paid by a Club in relation to any form of Remuneration or Excluded Remuneration;
- (r) pension contributions made by a Club due to automatic enrolment into a workplace pension, up to an amount equal to the minimum employer contribution required by law;
- Note: for the avoidance of doubt, any discretionary pension payments over and above the statutory minimum made by the Club to a Player are not Excluded Remuneration.
- (s) any work a player is engaged to undertake for a Club or a third-party, connected or unconnected to the Club, in a non-playing capacity, provided that any additional or further employment is remunerated at a fair market rate, is not contingent on that person’s participation in the Competition, and is genuinely and exclusively in respect of such person’s additional employment;
- Note: If Premier Women’s Rugby Limited investigates the nature of the arrangement and the provision of this benefit is found in Premier Women’s Rugby Limited’s discretion to be contingent on the person’s participation in the Competition or does not fall within the exemption, any figure arising from such arrangement will be classified as Remuneration.
- (t) a monetary or non-monetary benefit from a Player’s personal sponsor who has no connection to the Club;
- Note: This assumes the sponsor has no connection with the Club and receives nothing from the Club for the sponsorship. If Premier Women’s Rugby Limited investigates the nature of the arrangement and the provision of this benefit is found in Premier Women’s Rugby Limited’s discretion to be contingent on the person’s participation in the Competition or does not fall within the exemption, any figure arising from such arrangement will be classified as Remuneration.
- (u) subject to the prior approval of Premier Women’s Rugby Limited, a gift or other non-monetary benefit which may be awarded to a Player by the Club or a third party provided that the value of such gift or benefit does not exceed £250 per Player.
2. All parties to these Regulations are reminded that even though Excluded Remuneration is not classified as Remuneration for the purposes of the Remuneration Cap, such payments and provisions of benefits pursuant to this Appendix 3 may be taxable from a HMRC perspective and Clubs and Players should ensure they obtain tax advice in that regard.
APPENDIX 4
PREMIERSHIP WOMEN’S RUGBY REMUNERATION CAP FAQs
These Frequently Asked Questions (FAQs) have been compiled to assist Clubs and Players with determining what does and does not constitute Remuneration (as defined in Appendix 2) with respect to the Premiership Women’s Rugby Remuneration Cap for the 2024-25 season.
Premier Women’s Rugby Limited is unable to provide tax, legal or accounting advice. This material has been prepared for the purposes of information only, and is not intended to provide, and should not be relied on for tax, legal or accounting advice. Clubs, Players and other individuals should consult their own tax, legal and accounting advisors before engaging in any transaction.
NO. | SCENARIO |
ANSWER The answer may differ depending on whether the player is paid or unpaid. A Paid Player is classified as someone who receives Remuneration in return for playing Rugby Union; for the avoidance of doubt, this may include players who have signed a Volunteer Player Agreement with their Clubs. |
|
REMUNERATION OR NOT? | UNPAID PLAYER | PAID PLAYER | |
PLAYER SPONSORSHIP | |||
1. | A Player’s club membership is paid for by the Club, Club sponsor or the player’s personal sponsor |
Excluded Remuneration This assumes that the money from the sponsor goes to the Club and the Player receives nothing in return other than the waiving of membership fees. |
Excluded Remuneration This assumes that the money from the sponsor goes to the Club and the Player receives nothing in return other than the waiving of membership fees. |
2. | A Player’s club membership fee is initially paid for by the Player, then subsequently reimbursed by the Club (due to a new sponsor, or otherwise) |
Excluded Remuneration This assumes that the payment from the Club to the player is a reimbursement of costs previously paid by the player. Any additional amount would be a material benefit and as such constitute Remuneration subject to the other provisions here within. The reimbursement should not be contingent on team success, number of appearances or any other measure. |
Excluded Remuneration This assumes that the payment from the Club to the player is a reimbursement of costs previously paid by the player. Any additional amount would be a material benefit and as such constitute Remuneration subject to the other provisions here within. The reimbursement should not be contingent on team success, number of appearances or any other measure. |
3. | A Player receives Club-branded playing apparel, training apparel or formalwear for personal use | Excluded Remuneration | Excluded Remuneration |
4. | A Player receives unbranded or sponsor-only branded (i.e., no Club branding) playing apparel, training apparel or formalwear for personal use |
Remuneration The Player would now be classified as being paid |
Remuneration |
5. | A Player receives a monetary or non- monetary benefit from the Player’s personal sponsor who has no connection with the Club |
Excluded Remuneration This assumes the sponsor has no connection with the Club and receives nothing from the Club for the sponsorship. Note this may still be a taxable benefit for the Player, and the Player should obtain independent tax advice. |
Excluded Remuneration This assumes the sponsor has no connection with the Club and receives nothing from the Club for the sponsorship. Note this may still be a taxable benefit for the Player, and the Player should obtain independent tax advice. |
6. | A Player receives a monetary or non- monetary benefit from the Club which is paid for through a sponsorship procured by the Club specifically to support the Player |
Remuneration This assumes that the sponsor has a connection with and pays the Club, who pass the proceeds of the sponsorship on to the Player. The Player would now be classified as being paid |
Remuneration This assumes that the sponsor has a connection with and pays the Club, who pass the proceeds of the sponsorship on to the Player. |
TRAVEL EXPENSES | |||
7. | The Club reimburses the exact cost of travel to a game and/or training, whether it be home or away (i.e., train fare, taxi fare, flight cost) | Excluded Remuneration |
Home game/training at the Club = Remuneration Away game = Excluded Remuneration |
8. | The Club pays 45p or less per mile for travel to a game (home or away) and/or training, based on HMRC rates | Excluded Remuneration |
Home game/training at the Club = Remuneration Away game = Excluded Remuneration |
9. | The Club reimburses/pays for the exact cost of food/drink/ refreshments on the way to or from an away game |
Excluded Remuneration When players are travelling to somewhere other than the ordinary place of business (defined as both their home ground and usual training base), the Club paying for refreshments is not Remuneration. The provision of a round sum, which players might or (crucially) might not spend on refreshments, is always defined as Remuneration. However, where HMRC’s benchmark scale rates for subsistence are used, this would not be defined as |
Excluded Remuneration When players are travelling to somewhere other than the ordinary place of business (defined as both their home ground and usual training base), the Club paying for refreshments is not Remuneration. The provision of a round sum, which players might or (crucially) might not spend on refreshments, is always defined as Remuneration. However, where HMRC’s benchmark scale rates for subsistence are used, this would not be defined as subsistence. |
10. | The Club pays for the exact cost of accommodation on the night prior to or after an away game |
Excluded Remuneration As with the above, this will not constitute Remuneration when travelling to somewhere other than the ordinary place of business. However, round sum provisions are always defined as Remuneration (see above). |
Excluded Remuneration As with the above, this will not constitute Remuneration when travelling to somewhere other than the ordinary place of business. However, round sum provisions are always defined as Remuneration (see above). |
11. | The Club provides a round sum, out of which travel to the game can be paid, whether it be home or away |
Remuneration Round sum travel payments are always a form of Remuneration. The Remuneration here will be the whole round sum paid. To not be classed as Remuneration for unpaid players, the travel paid must be no more than the public transport cost or 45p or less per mile if driving. |
Remuneration Round sum travel payments are always a form of Remuneration. The Remuneration here will be the whole round sum paid. |
PROVISION OF MEDICAL, PHYSIO, REHABILITATION AND INSURANCE SERVICES | |||
12. | The Club takes out any insurance policy on behalf of the Club |
Excluded Remuneration This will include the RFU insurance policies and any top-up which is undertaken on behalf of the Club and its players as a whole. |
Excluded Remuneration This will include the RFU insurance policies and any top-up which is undertaken on behalf of the Club and its players as a whole. |
13. | The Club takes out any other insurance policy on behalf of a specific Player/group of Players |
Remuneration Where additional policies are taken out on behalf of a specific player/group of players (i.e., there is an additional cost for each individual included), this will constitute Remuneration for each of those players. |
Remuneration Where additional policies are taken out on behalf of a specific player/group of players (i.e., there is an additional cost for each individual included), this will constitute Remuneration for each of those players. |
14. | The Club engages a doctor, physio or other medical practitioner to provide services within the club environment | Excluded Remuneration | Excluded Remuneration |
15. | The Club outsources the provision of a doctor, physio or other medical practitioner to a local provider or pays for external/private medical, dental, rehabilitation or physio services, which are available to the whole club. |
Excluded Remuneration This mass provision of services is seen as a logistical alternative to the Club employing an on-site physio/doctor |
Excluded Remuneration, if the services are required as a result of playing for the Club or the performance of Club duties. If the services are required as a result of an incident or illness unrelated to their performance of Club duties, whether Remuneration is deemed to have been paid is subject to who has access to those medical services, i.e., whether the services are provided to the Club as a whole as an alternative to a Club doctor/physio. Please see opposite. |
16. | The Club outsources the provision of a doctor, physio or other medical practitioner to a local provider or pays for external/private medical, dental, rehabilitation or physio services on behalf of a specific Player/group of Players. |
Remuneration The Player would now be classified as being paid |
Excluded Remuneration, if the services are required as a result of playing for the Club or the performance of Club duties. Remuneration, if the services are required as a result of an incident or illness unrelated to their performance of Club duties. |
ACCOMMODATION | |||
17. | The provision of accommodation free of charge to any Player, when it is used as their main domestic residence in England, and where such provision of accommodation is not considered Excluded Accommodation. |
Remuneration The Player would now be classified as being paid. For the purposes of the Remuneration Cap, any rent paid on behalf of the Player will be valued at the flat rate of £260 pcm, up to a maximum total of £31,200 for the Club. Once the maximum is achieved, any/all rent paid must be declared to the RemCap at the market rate which is payable within the region. |
Remuneration For the purposes of the Remuneration Cap, any rent paid on behalf of the Player will be valued at the flat rate of £260 pcm, up to a maximum total of £31,200 for the Club. Once the maximum is achieved, any/all rent paid must be declared to the RemCap at the market rate which is payable within the region. |
18. | The provision of accommodation to any Player by a Club or Connected Party of a Club, provided that the Player pays their own rent to the Club or Connected Party at a market rate. | Excluded Remuneration | Excluded Remuneration |
19. | The provision of accommodation to any Player by a University with whom the Club has a connection or affiliation, provided that the Player is enrolled as a student and pays their own rent to the University at the same rate as other students | Excluded Remuneration | Excluded Remuneration |
20. | The provision of accommodation to any Player by a Club or Connected Party of a Club, whereby the Player pays their own rent to the Club or Connected Party below market rate. |
Remuneration The Player would now be classified as being paid For the purposes of the Remuneration Cap, any rent paid on behalf of the Player will be valued at the flat rate of £260 pcm, up to a maximum total of £31,200 for the Club. Once the maximum is achieved, the rent must be declared to the RemCap at the market rate which is payable within the region. |
Remuneration For the purposes of the Remuneration Cap, any rent paid on behalf of the Player will be valued at the flat rate of £260 pcm, up to a maximum total of £31,200 for the Club. Once the maximum is achieved, the rent must be declared to the RemCap at the market rate which is payable within the region. |
PROVISION OF CARS | |||
21. | The Club, Club sponsor or a third party connected with the Club provides a car to the player. |
Remuneration The Player would now be classified as being paid This benefit will match the tax treatment of company cars. As such the benefit can be quantified by using HMRC’s Company Car and Car Fuel Benefit Calculator |
Remuneration This benefit will match the tax treatment of company cars. As such the benefit can be quantified by using HMRC’s Company Car and Car Fuel Benefit Calculator |
GYM MEMBERSHIP | |||
22. | The Club provides a Player with gym membership at a gym which the Club owns. | Excluded Remuneration | Excluded Remuneration |
23. | The Club arranges for gym membership to be provided by a third party (whether connected to the Club or otherwise) and the third party receives no monetary or non-monetary benefit in return | Excluded Remuneration | Excluded Remuneration |
24. | The Club pays for a Player’s membership at a third-party gym | Excluded Remuneration | Excluded Remuneration |
BONUSES - MONETARY | |||
25. | The Club pays Players a bonus, whether related to the outcome of a game or season, or for any other reason (including any player of the match monetary bonus) |
Remuneration The Player would now be classified as being paid |
Remuneration |
26. | The Club pays Players an incentive payment, whether related to the outcome of a game or season, or for any other reason (including scoring a specific number of tries, or making a number of appearances) |
Remuneration The Player would now be classified as being paid |
Remuneration |
BONUSES – NON-MONETARY | |||
27. | The Club provides refreshments before, during and/or after a match or training | Excluded Remuneration | Excluded Remuneration |
28. | The Club provides a Player with anything of monetary value (e.g., vouchers, bar tab, pre-paid card) to exchange at the Club restaurant and/or bar. |
Excluded Remuneration This must be an amount incidental to the social benefits associated with being part of a rugby club and to be used by that Player, rather than Remuneration in kind. Where the facility is used to provide food and drink on a regular basis outside of training and matches, then a material benefit can arise, and the Player would now be classified as being paid. Where a player receives cash payments, whatever the intended use, this will constitute Remuneration and the Player would now be classified as being paid. |
Excluded Remuneration This must be an amount incidental to the social benefits associated with being part of a rugby club and to be used by that Player, rather than Remuneration in kind. Where the facility is used to provide food and drink on a regular basis outside of training and matches, then a material benefit can arise, and the Player would now be classified as receiving Remuneration. Where a player receives cash payments, whatever the intended use, this will constitute Remuneration. |
29. | The Club provides and pays for refreshments at a third-party establishment. |
Remuneration The Player would now be classified as being paid. The key point is whether the Club is providing its own drinks to Players in relation to training and matches, or otherwise paying for Players’ food and drinks. |
Remuneration The key point is whether the Club is providing its own drinks to Players in relation to training and matches, or otherwise paying for Players’ food and drinks. |
FLIGHTS | |||
30. | The Club pays for any airfare for a Player which is not directly associated with their travel to a game or training. |
Remuneration The Player would now be classified as being paid. While this will be considered Remuneration for the purposes of the Remuneration Cap, there may be some tax exemptions with regard to certain air fares, but the Player and Club would need to obtain their own independent tax advice. |
Remuneration While this will be considered Remuneration for the purposes of the Remuneration Cap, there may be some tax exemptions with regard to certain air fares, but the Player and Club would need to obtain their own independent tax advice. |
31. | The Club pays for any airfares for anyone related or connected to the Player. |
Remuneration The Player would now be classified as being paid |
Remuneration |
CHILDCARE PROVISION | |||
32. | The Club provides a child-minding service at the Club on a training and/or match-day. | Excluded Remuneration, as long as prior written approval is received from PWR | Excluded Remuneration, as long as prior written approval is received from PWR |
33. | The Club pays for a child-minding service which allows the Player to attend training and/or play in matches. | Excluded Remuneration, as long as prior written approval is received from PWR | Excluded Remuneration, as long as prior written approval is received from PWR |
MISCELLANEOUS | |||
34. | A Player receives a bursary for vocational training or education. | If the money is exclusively in respect of vocational or educational courses, this does not constitute Remuneration provided no portion of the bursary is in respect of playing rugby for the Club. | |
35. | A Club offers an exchange scheme to players from overseas. | Whether the Player receives any Remuneration will depend on what they are receiving from or on behalf of the Club. Please see above response regarding accommodation, travel expenses, flights, etc. | |
36. | Payments are made by the Club to another Club in respect of Loan Players. | All Gross Payments need to be declared, which means all Remuneration paid or payable to any third party in respect of playing Rugby Union (including any payments in respect of Loan Players) plus all forms of Remuneration paid which includes, for example, National Insurance contributions and income tax. | |
37. | A Player is engaged to undertake work for a third party connected or unconnected to the Club. | If a player is genuinely engaged by the third party to undertake work for that third party and is genuinely receiving Remuneration in respect of that work, this is not captured by the Remuneration Cap provided the work is not contingent on the player playing rugby for the Club. This is the case regardless of whether the third party is connected or not to the Club. | |
38. | A Player is engaged to undertake work for the Club in a non-playing capacity. | If a player is genuinely engaged by the Club in a non-playing capacity and is genuinely receiving Remuneration in respect of their non-playing duties, this is not captured by the Remuneration Cap provided the work is not contingent on the player playing rugby for the Club. | |
39. | A player receives Remuneration from an entity or individual who is a season ticket holder or member at the Club. | This would be classified as being included in the Remuneration Cap given that there is a relationship between the Club and that individual. | |
40. | A player receives Remuneration for Club commercial appearances, including on behalf of Club sponsors, outside of normal match day activity. | This would be classified as being included in the Remuneration Cap given that there is a relationship between the Club and a Connected Party. |
NATIONAL MINIMUM WAGE (NMW) / NATIONAL LIVING WAGE (NLW) | |
Clubs will be aware of NMW and NLW legislation and should obtain independent legal advice. As such, the Club will need to determine the number of hours the player works each week and ensure their overall pay is not below the statutory limits. There are specific rules as to how much accommodation benefit can be considered in relation to the NMW rates. | |
TAX and NIC | |
Clubs will be aware of tax legislation and should obtain independent tax advice. All cash payments would need to be subject to PAYE and NIC through a payroll in the normal manner. Non-cash benefits would need to be reported on Form P11D at the end of the tax year, even if the player does not receive any cash payments. Where no PAYE scheme is in place, HMRC would expect a new scheme to be set up for these purposes. |
Note that once a player is provided with any form of Remuneration, they are considered as being paid for all of the categories above, regardless of whether they have signed a Volunteer Player Agreement or an Employment Contract.
In determining whether an entity is “connected” to the Club, please refer to the definition of a Connected Party in the Remuneration Cap Regulations.