Regulations

30 Jul 2024 | 13 min

PWR Remuneration Cap Regulations FAQs

These Frequently Asked Questions (FAQs) have been put together to assist Clubs and players with determining what does and does not constitute Remuneration (as defined in Remuneration Cap Regulations) with respect to the Premiership Women’s Rugby Remuneration Cap for the 2023-24 season.

Premier Women’s Rugby Limited is unable to provide tax, legal or accounting advice. This material has been prepared for informational purposes 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.

REMUNERATION OR NOT? UNPAID PLAYER PAID PLAYER
PLAYER SPONSORSHIP
1. A player’s Club membership fee 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 rugby 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 rugby 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 measures.

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 measures.

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 to 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 benefitfor the player and the player should obtain independent tax advice.

TRAVEL EXPENSES
6. The Club reimburses the exact cost of travel to a game and/or training, whether it be homeor away (i.e.,train fare, taxi fare, flight cost). Excluded Remuneration.

Home game/training at the Club = Remuneration.

Away game = Excluded Remuneration.

7. The Club pays 45p or less per mile for travel to a game(home or away),based on HMRC rates. Excluded Remuneration.

Home game/training at the Club = Remuneration.

Away game = Excluded Remuneration.

8. The Club reimburses/pays for the exact costof 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 definedas Remuneration. However, where HMRC’s benchmark scale rates for subsistence are used (link) this would not be defined as Remuneration.

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 (link) this would not be defined as Remuneration.

9. The Club pays for the exact cost of accommodation at 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).

10. 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
11. 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.

12. The Club takes out any other insurance policy on behalf of a 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.

13. A Club engages a doctor, physio or other medical practitioner to provide services within the Club environment. Excluded Remuneration. Excluded Remuneration.
14. 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.

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 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 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
16. The provision of any accommodation provided to any Player, when it is used as their main domestic residence in England and where such provision of accommodation is not considered Excluded Remuneration. Remuneration. Remuneration.
17. 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.
PROVISION OFCARS
18. The Club, Club sponsor or a third party connected with the Club provides a car to the player.

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: http://cccfcalculator.hmrc.gov.u k/CCF0.aspx.

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: http://cccfcalculator.hmrc.gov.uk

/CCF0.aspx.

GYM MEMBERSHIP
19. The Club provides a player with gym membership at a gym which the Club owns. Excluded Remuneration. Excluded Remuneration.
20. 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.
21. The Club pays for a player’s membership at a third-party gym. Excluded Remuneration. Excluded Remuneration.
BONUSES – MONETARY
22. 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.
BONUSES – NON-MONETARY
23. The Club provides refreshments before, during and/or after the match or training. Excluded Remuneration. Excluded Remuneration.
24. The Club provides a player with anything of monetary value (i.e., 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.

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.

25. 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’ drinks and food.

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’ drinks and food.

FLIGHTS
26. The Club pays for any airfare for a player.

Remuneration.

The player would now be classified as being paid.

Whilst this will be considered Remuneration for the purposes of the Remuneration Cap, there may be some tax exemptions with regard to certain airfares, but the player and Club would need to obtain their own independent tax advice.

Remuneration.

Whilst this will be considered Remuneration for the purposes of the Remuneration Cap, there may be some tax exemptions with regard to certain airfares, but the player and Club would need to obtain their own independent tax advice.

27. The Club pays for any airfares for anyone related to or connected to the player.

Remuneration.

The player would now be classified as being paid.

Remuneration.
CHILDCARE PROVISION
28. The Club provides a child-minding service at the Clubon a training and/or match day.

Excluded Remuneration

provided prior written approval is received from the RFU.

Excluded Remuneration provided prior written approval is received from the RFU.
GENERAL  
29. A player receiving a vocation or education bursary. If the money is exclusively in respect of educational or vocational courses, this does not constitute Remuneration provided no portion of the bursary is in respect of playing rugby for the Club.
30. A Club offersan 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.
31. 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, by way of example, national insurance contributions and income tax.
32. 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.
33. 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.
34. 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.
35. A player receives Remuneration for Club commercial appearances 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 LIVINGWAGE (NLW)
Clubs will be aware of NMWand NLW legislation and should obtain independent legal advice. As such, the Club will need to determine the number of hours the player workseach week and ensure theiroverall 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 subjectto PAYE and NIC througha payroll in the normalmanner. 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. In determining whether an entity is “connected” to the Club, please refer to the definition of a Connected Party in the Remuneration Cap Regulations.

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